Sullivan and Dickens
Case
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[2017] FamCA 980
•14 November 2017
Details
AGLC
Case
Decision Date
Sullivan and Dickens [2017] FamCA 980
[2017] FamCA 980
14 November 2017
CaseChat Overview and Summary
This matter came before Bennett J concerning parenting arrangements for the child B. The dispute involved the father and mother, who sought to finalise orders regarding the child's time with each parent during the 2017/2018 Christmas school holiday period and subsequent weeks. The court also addressed various procedural and evidentiary matters in anticipation of a final hearing.
The court was required to determine the specific schedule for the child's time with each parent during the extended holiday period, as well as to make orders concerning access to medical information and practitioners. Further issues before the court included the timeline for filing amended applications and evidence, the preparation of a further family report by Dr C, the conduct of testing to exclude organic causes for the child's behaviour, and the facilitation of dispute resolution processes. The court also considered directions regarding the production and presentation of documents at the final hearing.
Bennett J made orders by consent regarding the child's time with each parent, detailing a staggered schedule from the close of school in 2017 until the commencement of school in 2018. The court also ordered that both parents have access to the child's medical records and treating practitioners. Directions were given for a final hearing on 14 May 2018, with strict timelines for the filing of documents by each party. The court further ordered the preparation of a further family report by Dr C, authorising access to all relevant documents and directing specific testing to be completed by 1 March 2018. The father was made solely responsible for the cost of this report. Directions were also provided for round table conferences and the provision of expert reports to Victoria Legal Aid. The court noted that it may proceed to determine the matter in the absence of a party who fails to attend or file documents.
The court was required to determine the specific schedule for the child's time with each parent during the extended holiday period, as well as to make orders concerning access to medical information and practitioners. Further issues before the court included the timeline for filing amended applications and evidence, the preparation of a further family report by Dr C, the conduct of testing to exclude organic causes for the child's behaviour, and the facilitation of dispute resolution processes. The court also considered directions regarding the production and presentation of documents at the final hearing.
Bennett J made orders by consent regarding the child's time with each parent, detailing a staggered schedule from the close of school in 2017 until the commencement of school in 2018. The court also ordered that both parents have access to the child's medical records and treating practitioners. Directions were given for a final hearing on 14 May 2018, with strict timelines for the filing of documents by each party. The court further ordered the preparation of a further family report by Dr C, authorising access to all relevant documents and directing specific testing to be completed by 1 March 2018. The father was made solely responsible for the cost of this report. Directions were also provided for round table conferences and the provision of expert reports to Victoria Legal Aid. The court noted that it may proceed to determine the matter in the absence of a party who fails to attend or file documents.
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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Consent
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Costs
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Discovery
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Jurisdiction
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Procedural Fairness
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Remedies
Actions
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Citations
Sullivan and Dickens [2017] FamCA 980
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