Thomas and Guan
Case
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[2012] FamCA 410
•28 May 2012
Details
AGLC
Case
Decision Date
THOMAS & GUAN
[2012] FamCA 410
[2012] FamCA 410
28 May 2012
CaseChat Overview and Summary
In the matter of *Thomas and Guan*, heard before Watts J, the parties sought directions regarding the issuance of subpoenas and the future conduct of proceedings concerning the existence of a de facto relationship. The applicant required interpreters for her witnesses, including herself, and the hearing for the de facto relationship declaration was estimated to take three days.
The court was required to determine the extent to which each party should be granted leave to issue subpoenas and to make directions for the progression of the case towards a hearing on the discrete issue of the de facto relationship.
Watts J ordered that the costs of this interim application be reserved. Leave was granted to the respondent to issue subpoenas for items 1 to 11 of the first list in Exhibit 2, and to the applicant to issue subpoenas for items 1 to 7 of the second list in Exhibit 2. The Docket Registrar was directed to relist the matter one month after the return of these subpoenas to make further directions regarding the filing of evidence. Following the filing of all evidence, the Docket Registrar is to reassess the time required for the application under s 90RD of the *Family Law Act 1975* (Cth) and then refer the matter for listing for hearing on the question of the de facto relationship's existence.
The court was required to determine the extent to which each party should be granted leave to issue subpoenas and to make directions for the progression of the case towards a hearing on the discrete issue of the de facto relationship.
Watts J ordered that the costs of this interim application be reserved. Leave was granted to the respondent to issue subpoenas for items 1 to 11 of the first list in Exhibit 2, and to the applicant to issue subpoenas for items 1 to 7 of the second list in Exhibit 2. The Docket Registrar was directed to relist the matter one month after the return of these subpoenas to make further directions regarding the filing of evidence. Following the filing of all evidence, the Docket Registrar is to reassess the time required for the application under s 90RD of the *Family Law Act 1975* (Cth) and then refer the matter for listing for hearing on the question of the de facto relationship's existence.
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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Jurisdiction
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Procedural Fairness
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Citations
THOMAS & GUAN
[2012] FamCA 410
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