Strahan & Strahan (No. 3)
Case
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[2007] FamCA 1163
•3 September 2007
Details
AGLC
Case
Decision Date
Strahan & Strahan (No. 3) [2007] FamCA 1163
[2007] FamCA 1163
3 September 2007
CaseChat Overview and Summary
In *Strahan & Strahan (No. 3)*, the Family Court considered an application by the husband to agitate child issues and seek the appointment of an Independent Children's Lawyer, which the wife opposed. The proceedings also involved the Family Consultant and procedural matters related to the preparation for a property settlement trial.
The court was required to determine whether to permit the husband to raise child issues that had ostensibly been finalised, and consequently, whether to appoint an Independent Children's Lawyer. Additionally, the court addressed various procedural applications concerning the filing of affidavits, valuation reports, and responses to amended applications in preparation for the property settlement trial and a separate hearing concerning the child issues.
Strickland J made a series of orders addressing the procedural aspects of the litigation. These included extending time for the wife to file and serve her evidence in chief and responses, and for the filing of valuation reports. Leave was granted to the husband to file a responding affidavit out of time. An order was made for the appointment of a single expert to value a specific vehicle. The court also set timelines for the wife to file a Reply to the husband's amended response and for the filing of affidavits in relation to spousal maintenance applications. The property settlement trial was listed to commence on 3 March 2007, with a separate hearing for the child issues scheduled for 1 November 2007. Further consideration of trial preparation was adjourned, with liberty granted for parties to attend by telephone.
The court was required to determine whether to permit the husband to raise child issues that had ostensibly been finalised, and consequently, whether to appoint an Independent Children's Lawyer. Additionally, the court addressed various procedural applications concerning the filing of affidavits, valuation reports, and responses to amended applications in preparation for the property settlement trial and a separate hearing concerning the child issues.
Strickland J made a series of orders addressing the procedural aspects of the litigation. These included extending time for the wife to file and serve her evidence in chief and responses, and for the filing of valuation reports. Leave was granted to the husband to file a responding affidavit out of time. An order was made for the appointment of a single expert to value a specific vehicle. The court also set timelines for the wife to file a Reply to the husband's amended response and for the filing of affidavits in relation to spousal maintenance applications. The property settlement trial was listed to commence on 3 March 2007, with a separate hearing for the child issues scheduled for 1 November 2007. Further consideration of trial preparation was adjourned, with liberty granted for parties to attend by telephone.
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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Discovery
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Expert Evidence
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Jurisdiction
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Procedural Fairness
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Stay of Proceedings
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