Tariq and Jacobson (No. 2)

Case

[2015] FamCA 561

16 July 2015


Details
AGLC Case Decision Date
Tariq and Jacobson (No. 2) [2015] FamCA 561 [2015] FamCA 561 16 July 2015

CaseChat Overview and Summary

In *Tariq and Jacobson (No. 2)*, Kent J of the Family Court of Australia considered applications made by the Mother and the Independent Children’s Lawyer. The proceedings concerned children, and the specific dispute involved the filing of an amended application and the admission of an updated psychological report.

The court was required to determine whether to grant leave for the Mother to file an Amended Application in a Case and whether to admit the updated report of Mr C, a psychologist, into evidence. The court also had to decide on the future conduct of the trial, specifically whether it should proceed on an undefended basis and the allocation of trial dates.

Kent J granted leave for the Mother to file her Amended Application in a Case and for the Independent Children’s Lawyer to tender Mr C's updated report, admitting it as Exhibit 1. The trial was ordered to proceed on an undefended basis on 14 September 2015, with the previously scheduled dates of 15 and 16 September 2015 vacated. The costs of and incidental to the Mother and the Independent Children’s Lawyer were reserved until 14 September 2015.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Costs

  • Expert Evidence

  • Procedural Fairness

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

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Mickelberg v The Queen [1989] HCA 35
Mickelberg v The Queen [1989] HCA 35
Mickelberg v The Queen [1989] HCA 35