Shailer & Shailer

Case

[2009] FamCA 235

18 March 2009


Details
AGLC Case Decision Date
Shailer & Shailer [2009] FamCA 235 [2009] FamCA 235 18 March 2009

CaseChat Overview and Summary

This matter came before Young J concerning a dispute between a husband and wife regarding their child. The court was required to consider various applications and make orders concerning the future conduct of the proceedings.

The primary legal issues before the court involved the management of ongoing litigation, including the need for a Less Adversarial Hearing, the preparation of a Family Report, and the disclosure of financial information by the husband. The court also had to determine the immediate costs of the hearing and the future disposition of other costs.

Young J ordered that all extant applications be adjourned to a Less Adversarial Hearing on 21 July 2009. The court directed that a Family Report be prepared by child dispute services, focusing on the parents' relationships with the child and any relevant observations from agencies like GordonCare. The husband was ordered to provide a detailed affidavit within sixty days, explaining his non-appearance, disclosing his current financial circumstances, and detailing any property equity or other relevant financial matters. The costs of the wife and the Independent Children's Lawyer for the hearing were fixed, with the question of payment of these costs adjourned for further determination.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Appeal

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