Amers & Amers

In the matter of DNC 40 of 2020, Mr Amers was the applicant and Ms Amers was the respondent. The proceedings concerned family law matters, and the court was required to make orders regarding the conduct of the trial.

The court was tasked with determining the procedural steps necessary for the efficient and fair conduct of the trial. This included setting a trial date, establishing timelines for the filing and service of evidence, outlining the requirements for case outlines to be prepared by counsel and the Independent Children's Lawyer, and addressing the admission of the family report writer's evidence.

Justice Young ordered that the trial be listed for three days commencing 8 September 2021. Parties were directed to file and serve their evidence in chief and witness affidavits no later than 28 days prior to trial, with specific directions for the payment of court fees. Crucially, counsel and the Independent Children's Lawyer were required to file a detailed Case Outline at least 48 hours before trial, specifying relied-upon material, a chronology, contentions regarding child best interests factors, parental responsibility presumptions, parenting time considerations, and the actual orders sought. The court also stipulated that reliance on non-compliant affidavit material would require leave, and provided a mechanism for cross-examination of the family report writer, including notice periods. The court also noted provisions concerning family violence, the prohibition on unrepresented parties cross-examining each other, and the availability of representation schemes.