SMALL & SMALL

Case

[2013] FamCA 56

31 January 2013


Details
AGLC Case Decision Date
SMALL & SMALL [2013] FamCA 56 [2013] FamCA 56 31 January 2013

CaseChat Overview and Summary

In *Small & Small*, Dawe J of the Family Court of Australia considered a dispute between parents concerning the time the children should spend with their father. The Independent Children’s Lawyer was directed to obtain reports from the children's treating practitioners, including psychologists, psychiatrists, and autism medical professionals, which would be considered when making a final decision on the children's time with the father.

The court was required to determine whether a subpoena issued to Families SA should be returned, and to make directions regarding the inspection and copying of documents produced by Families SA. Furthermore, the court needed to establish the procedural path forward for the final hearing, including the preparation of a family assessment report.

Dawe J ordered that the subpoena from Families SA not be returned, but granted leave for the parties and their legal representatives to inspect and copy the documents produced by Families SA. The court directed that following a directions hearing before Registrar Paxton, the matter was to be placed on the trial pool list, with directions to be made pursuant to section 62G(2) of the *Family Law Act 1975* (Cth) for a family assessment report to be prepared for consideration at the final hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Discovery

  • Procedural Fairness

  • Jurisdiction

  • Remedies

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