Stephens and Maloney (No. 2)
Case
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[2008] FamCA 556
•9 July 2008
Details
AGLC
Case
Decision Date
Stephens and Maloney (No. 2) [2008] FamCA 556
[2008] FamCA 556
9 July 2008
CaseChat Overview and Summary
In *Stephens and Maloney (No. 2)*, Young J considered an application filed by the husband on 6 June 2008. The precise nature of the dispute is not detailed, but the orders indicate it concerned family law matters involving a husband, wife, and children, with a psychologist's report and financial statements being central to the proceedings.
The court was required to determine the appropriate orders to be made in relation to the ongoing proceedings. This included deciding on the dismissal of the husband's application, the preparation of an updated psychological report concerning the parties and children, the financial responsibility for this report, the filing of updated financial statements by both parties, and the costs of an interlocutory hearing.
Young J dismissed the husband's application. The court ordered that the Independent Children’s Lawyer arrange an updated consultation with the husband, wife, and children for a further report by a psychologist, to be completed and filed by 24 October 2008. This report was to be at the joint expense of the parties, with financial arrangements to be agreed by 1 September 2008. Both parties were also ordered to file updated financial statements by 13 October 2008. The question of the wife's costs was reserved to the Trial Judge, with the quantum of those costs fixed at $2200 inclusive of counsel and solicitor fees, and GST. Liberty was reserved to either party to apply for further procedural orders.
The court was required to determine the appropriate orders to be made in relation to the ongoing proceedings. This included deciding on the dismissal of the husband's application, the preparation of an updated psychological report concerning the parties and children, the financial responsibility for this report, the filing of updated financial statements by both parties, and the costs of an interlocutory hearing.
Young J dismissed the husband's application. The court ordered that the Independent Children’s Lawyer arrange an updated consultation with the husband, wife, and children for a further report by a psychologist, to be completed and filed by 24 October 2008. This report was to be at the joint expense of the parties, with financial arrangements to be agreed by 1 September 2008. Both parties were also ordered to file updated financial statements by 13 October 2008. The question of the wife's costs was reserved to the Trial Judge, with the quantum of those costs fixed at $2200 inclusive of counsel and solicitor fees, and GST. Liberty was reserved to either party to apply for further procedural orders.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Procedural Fairness
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Remedies
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Standing
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