Zema and Toleman

Case

[2016] FamCA 729

29 August 2016


Details
AGLC Case Decision Date
Zema and Toleman [2016] FamCA 729 [2016] FamCA 729 29 August 2016

CaseChat Overview and Summary

In the matter of *Zema and Toleman*, heard before Macmillan J, the dispute concerned applications for final orders in relation to children. The mother had also sought an expedited hearing.

The court was required to determine whether to grant the mother's application for an expedited hearing and how to manage the progression of the extant applications for final orders.

Macmillan J dismissed the mother's application for an expedited hearing. The court then ordered that all extant applications for final orders be listed for a first day of hearing on 12 September 2016. The parties, and their legal practitioners if represented, were required to attend this hearing. Further, all parties, including any Independent Children’s Lawyer, were to file and serve a brief summary of disputed legal and factual issues by 5 September 2016. If an Independent Children’s Lawyer had formed a view, this was to be included in their summary. At the first day of hearing, parties represented by lawyers were to present a statement detailing costs incurred, payments made, sources of payment, and anticipated future costs.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

  • Jurisdiction

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