BRECHT & JAMES

In the matter of BRECHT & JAMES, Cronin J of the court considered applications for final orders. The dispute involved parties whose specific relationship and the nature of the final orders sought were not detailed, beyond the fact that the applicant was required to precisely set out the orders sought.

The court was required to determine the procedural steps necessary to bring the matter to a final hearing, including the filing and service of evidence, the preparation of a family report, and the conduct of the trial. Key issues included the form of evidence to be adduced, the timeline for its production, and the allocation of costs for expert reports. The court also addressed potential non-compliance with its directions and the process for resolving objections to evidence.

Cronin J directed that the evidence in chief of all witnesses be given by affidavit. A strict timetable was established for the filing and service of amended applications, affidavits of evidence in chief for both the applicant and respondent, and any replying affidavits. The court ordered that the parties and children attend upon a Ms J for the preparation of a family report at the joint expense of the parties, with the contribution to be an issue at trial. Directions were also given regarding the filing of outlines of case, including concise orders sought, lists of evidence to be read, objections to evidence, and summaries of argument.

The court ordered that the application in a case filed by the father on 7 May 2013 be dismissed, with the reasons for this dismissal to be transcribed and made available to the parties. The applications for final orders were adjourned for hearing commencing on 12 August 2013, with specific directions for the parties to ensure readiness for trial.