Wattel and Evans (No 2)
Case
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[2009] FamCA 1046
•21 October 2009
Details
AGLC
Case
Decision Date
Wattel and Evans (No 2) [2009] FamCA 1046
[2009] FamCA 1046
21 October 2009
CaseChat Overview and Summary
In *Wattel and Evans (No 2)*, Murphy J of the Family Court of Australia considered orders relating to a final hearing and interim arrangements for a child. The proceedings involved a father and a mother, with an Independent Children's Lawyer appointed to represent the child's interests.
The court was required to determine the necessary steps to prepare the matter for a final hearing, including the filing of documents and the provision of lists of intended evidence by each party. Additionally, the court addressed the variation of existing orders concerning the father's telephone communication with the child.
Murphy J directed the Independent Children's Lawyer to prepare a list of necessary directions for both parties to ensure the matter was ready for final hearing, after consultation with the parties. The court also ordered that each parent indicate the documents they intended to rely upon, which the Independent Children's Lawyer would then compile into a consolidated list. Leave was granted for specific documents and affidavits to be relied upon by each party at the final hearing, and for the filing of further affidavits if required. The father was also granted leave to file an amended application for final orders.
Finally, the court varied existing orders to allow the father telephone communication with the child on alternate Wednesdays, commencing on 4 November 2009. The orders also included a fact sheet detailing the obligations, potential consequences of contravention, and available assistance for compliance, pursuant to sections 65DA(2) and 62B of the relevant legislation.
The court was required to determine the necessary steps to prepare the matter for a final hearing, including the filing of documents and the provision of lists of intended evidence by each party. Additionally, the court addressed the variation of existing orders concerning the father's telephone communication with the child.
Murphy J directed the Independent Children's Lawyer to prepare a list of necessary directions for both parties to ensure the matter was ready for final hearing, after consultation with the parties. The court also ordered that each parent indicate the documents they intended to rely upon, which the Independent Children's Lawyer would then compile into a consolidated list. Leave was granted for specific documents and affidavits to be relied upon by each party at the final hearing, and for the filing of further affidavits if required. The father was also granted leave to file an amended application for final orders.
Finally, the court varied existing orders to allow the father telephone communication with the child on alternate Wednesdays, commencing on 4 November 2009. The orders also included a fact sheet detailing the obligations, potential consequences of contravention, and available assistance for compliance, pursuant to sections 65DA(2) and 62B of the relevant legislation.
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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Procedural Fairness
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Discovery
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Remedies
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Jurisdiction
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