Brown and Royale

In the matter of Brown and Royale, Justice Cronin granted the mother's application for a priority hearing. The court ordered that all outstanding applications be adjourned for a final hearing before Justice Mushin, commencing on 20 December 2011, with a duration of three days. Registrar Kaur was appointed as the docketed registrar responsible for case management, unless otherwise impracticable.

The court directed the applicant to file and serve an amended application precisely detailing the orders sought, along with affidavits of evidence in chief for all witnesses, by 4 pm on 15 November 2010. The applicant was also required to pay the trial fee by the same date, unless a waiver was obtained. The respondent was similarly directed to file and serve an amended response and affidavits of evidence in chief by 4 pm on 13 December 2010.

Crucially, pursuant to section 68L(2) of the *Family Law Act 1975*, the children, M and B, were to be separately represented, with a request made to Victoria Legal Aid to arrange such representation. The Independent Children’s Lawyer was to file a Notice of Address for Service upon appointment, and within 48 hours of notification of appointment, all parties were to provide copies of relevant documents to the Independent Children’s Lawyer. The court also made provisions for parties to apply for subpoenas and to approach the docketed registrar to vary obligations under the orders to ensure trial readiness. In the event of non-compliance with these orders, the docketed registrar was empowered to take various actions, including moving the case from the list, striking it out with a right of reinstatement, or referring the case to the trial judge or Case Management Judge for directions. Parties were advised that failure to comply could lead to the complying party seeking leave to proceed on an undefended basis. The court noted that the case's position in the defended list might change, and all parties were to monitor its progress.