Chen & Chen & Anor (No 2)

In *Chen & Chen & Anor (No 2)*, the wife sought orders against third parties in family law proceedings. The central dispute concerned whether the wife, having filed a Statement of Facts and Contentions, should be required to file a Statement of Claim in accordance with the Rules of the Supreme Court of Victoria, given the presence of multiple parties and properties.

The court was required to determine whether the wife's Statement of Facts and Contentions sufficiently identified the nature and basis of her claims against the third parties, or if a formal Statement of Claim was necessary to ensure procedural fairness. A key consideration was the wife's asserted lack of knowledge and reliance on discovery, which she contended had prevented a more detailed pleading.

Macmillan J distinguished between the merits of an application and whether it adequately identified the nature and basis of a claim. The court found that the wife's Statement of Facts and Contentions, in the context of her limited knowledge and the ongoing discovery process, was sufficient to identify the nature and basis of her claims against the third parties, thereby obviating the need for a formal Statement of Claim.

Consequently, all extant applications were adjourned for hearing in the Registrars Directions Hearing List, and the Application in a Case filed by the Second Named Respondent on 31 August 2016 was dismissed.