Walerand and Walerand
Case
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[2017] FamCA 411
•9 June 2017
Details
AGLC
Case
Decision Date
Walerand and Walerand [2017] FamCA 411
[2017] FamCA 411
9 June 2017
CaseChat Overview and Summary
In the matter of *Walerand and Walerand*, heard before McClelland J, the dispute concerned parenting arrangements. The parties, along with the Independent Children’s Lawyer, were seeking to obtain an updated report from a single expert, Dr B, who had been appointed in the parenting proceedings.
The primary legal issue before the court was how to best obtain further information from the single expert to assist in resolving the parenting dispute. Specifically, the court needed to determine the appropriate method for Dr B to conduct further interviews with the parents and children to ensure a comprehensive and up-to-date report.
McClelland J ordered that the parties and the Independent Children’s Lawyer confer to prepare a joint letter of instruction to Dr B. This letter was to request Dr B to conduct further interviews with each parent separately, with the children present during those interviews, and also to conduct further interviews with the children in the absence of the parents. The court also provided a mechanism for resolving any disagreement regarding the content of these instructions, allowing for the matter to be relisted for the court to settle the instructions if the parties could not agree within fourteen days.
The primary legal issue before the court was how to best obtain further information from the single expert to assist in resolving the parenting dispute. Specifically, the court needed to determine the appropriate method for Dr B to conduct further interviews with the parents and children to ensure a comprehensive and up-to-date report.
McClelland J ordered that the parties and the Independent Children’s Lawyer confer to prepare a joint letter of instruction to Dr B. This letter was to request Dr B to conduct further interviews with each parent separately, with the children present during those interviews, and also to conduct further interviews with the children in the absence of the parents. The court also provided a mechanism for resolving any disagreement regarding the content of these instructions, allowing for the matter to be relisted for the court to settle the instructions if the parties could not agree within fourteen days.
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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Expert Evidence
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Procedural Fairness
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Remedies
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Jurisdiction
Actions
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Citations
Walerand and Walerand [2017] FamCA 411
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