Britten and Britten

In the matter of *Britten and Britten*, heard by Cronin J, the parties were engaged in proceedings concerning property settlement. The wife sought leave to file and serve an amended initiating application and affidavit for a final property hearing, and leave to proceed with her application for the alteration of property interests. The husband's knowledge of previous hearings was also a point of contention, particularly in relation to costs.

The court was required to determine whether to grant the wife leave to file and serve amended documents and to proceed with her property application. Additionally, the court needed to consider the wife's costs and whether the husband had been adequately notified of prior hearings.

Cronin J adjourned the extant applications to a future date, ordering that service on the husband be effected by electronic text message, with an affidavit of service to satisfy the requirements of the *Family Law Rules 2004* (Cth). The wife was granted leave to file and serve her amended initiating application and affidavit by a specified date, and to proceed with her property application on the return date, subject to any contrary order by the trial judge. The wife's costs were fixed, but reserved to the return date to allow proof of the husband's knowledge of earlier hearings.