SIMPSON & SIMPSON
Case
•
[2019] FamCA 107
•14 February 2019
Details
AGLC
Case
Decision Date
SIMPSON & SIMPSON [2019] FamCA 107
[2019] FamCA 107
14 February 2019
CaseChat Overview and Summary
This matter came before Baumann J concerning a dispute between the husband and wife. The proceedings involved applications for leave to identify a notifier to the Department of Child Safety, Youth and Women, and for parties to adduce adversarial expert evidence.
The court was required to determine whether to grant leave for the parties to identify the notifier of certain notifications made to the Department of Child Safety, Youth and Women, pursuant to section 186 of the *Child Protection Act 1999*. Additionally, the court considered applications for leave to adduce adversarial expert evidence in relation to property valuations and other matters. The court also made numerous procedural orders concerning disclosure of financial documents, filing of affidavits, exchange of case outlines, notification of telephone evidence, cross-examination, objections to evidence, and costs notices.
The court granted leave for the Independent Children’s Lawyer to copy subpoenaed material from the Department of Child Safety, Youth and Women and a school for the purpose of providing it to Mr F prior to the release of a family report. Leave was also granted for the parties to identify the notifier of specific notifications made to the Department of Child Safety, Youth and Women. Furthermore, the court made detailed orders regarding the exchange of financial documents, the filing of affidavits by both parties and expert witnesses, and the preparation of case outlines. Specific directions were given for expert conferences concerning the valuation of real properties, with costs allocated to the respective parties. Leave was also granted for the husband to file an affidavit annexing a report from his treating cardiologist.
The court was required to determine whether to grant leave for the parties to identify the notifier of certain notifications made to the Department of Child Safety, Youth and Women, pursuant to section 186 of the *Child Protection Act 1999*. Additionally, the court considered applications for leave to adduce adversarial expert evidence in relation to property valuations and other matters. The court also made numerous procedural orders concerning disclosure of financial documents, filing of affidavits, exchange of case outlines, notification of telephone evidence, cross-examination, objections to evidence, and costs notices.
The court granted leave for the Independent Children’s Lawyer to copy subpoenaed material from the Department of Child Safety, Youth and Women and a school for the purpose of providing it to Mr F prior to the release of a family report. Leave was also granted for the parties to identify the notifier of specific notifications made to the Department of Child Safety, Youth and Women. Furthermore, the court made detailed orders regarding the exchange of financial documents, the filing of affidavits by both parties and expert witnesses, and the preparation of case outlines. Specific directions were given for expert conferences concerning the valuation of real properties, with costs allocated to the respective parties. Leave was also granted for the husband to file an affidavit annexing a report from his treating cardiologist.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
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Evidence
Legal Concepts
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Expert Evidence
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Costs
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Procedural Fairness
Actions
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Citations
SIMPSON & SIMPSON [2019] FamCA 107
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
3
RICHARDS & MORRIS (IDENTIFICATION OF NOTIFIER)
[2014] FamCA 1027
Lively & Lively
[2014] FamCA 578
Parkes and Parkes
[2015] FamCA 1210