Cao & Trong

In the matter of *Cao & Trong*, the Honourable Justice Wilson of the Supreme Court of Victoria considered an application by the husband to set aside a notice of discontinuance filed by himself in respect of the whole of the claims in his initiating application. The wife sought to have the husband's application dismissed.

The court was required to determine whether to grant the husband's application to set aside his own notice of discontinuance, and if so, what orders should be made to progress the proceedings. This involved considering the nature and purpose of pleadings, particularly the utility of a statement of claim in cases involving complex factual or legal contentions, and the discretionary considerations applicable to setting aside a notice of discontinuance in the absence of prescribed grounds in the Family Law Rules.

Justice Wilson reasoned that while the Family Law Rules do not prescribe specific grounds for setting aside a notice of discontinuance, the court retains a broad discretion to do so. The court reviewed extensive authorities on the nature and purpose of pleadings, emphasizing the importance of a detailed statement of claim in complex matters to ensure clarity and fairness. The court ultimately granted the husband's application to set aside the notice of discontinuance, ordering him to file a statement of claim with full particulars of his allegations, particularly concerning equitable claims in real and personal property, by a specified date. The court also made orders for a partial property settlement payment to the wife, vacated the trial date, and stipulated that the proceeding would proceed on an undefended basis if the husband failed to comply with the filing requirements.