BODILLY & HAND

The parties in this matter were Bodilly and Hand. The dispute concerned family law proceedings, and the decision was made by Bennett J. The court was dealing with directions for the future conduct of the proceedings, including the vacation of a previously scheduled final hearing and the setting of a new hearing date.

The primary legal issue before the court was the management of the case diary and the preparation of the matter for a final hearing. This involved determining when expert evidence should be filed, how the issue of the husband's capacity to pay should be addressed, and the timing of a potential mediation. The court also considered the practicalities of listing the matter for a defended hearing.

Bennett J vacated the final hearing previously listed for 2 November 2011 and ordered that the final hearing be conducted in the Parramatta Registry on a date to be fixed. The matter was listed for mention on 8 December 2011, with the expectation that all expert evidence would have been filed by that date and the husband's capacity to pay would either be conceded or formally disputed. The court noted the parties' intention to mediate after 8 December 2011 and that the matter would be listed for mention again after the mediation to provide further directions for trial. The court also indicated that if a defended hearing was required, it was expected to be ready to proceed by mid-January 2012.