Cleary and Sarno

In the matter of *Cleary and Sarno*, heard by Judge Hartnett, the parties were engaged in a property dispute. The proceedings concerned the division of assets and liabilities following the breakdown of their relationship.

The court was required to determine the procedural steps necessary to facilitate the resolution of the property settlement. This included establishing a framework for mediation, outlining the documentation to be provided by each party, and setting timelines for the exchange of information and the conduct of the mediation. The court also needed to address the financial aspects of the mediation process, including the payment of fees and the cost of asset valuations.

Judge Hartnett ordered the parties to attend property mediation with an accredited Family Dispute Resolution Practitioner nominated by Relationships Australia (Victoria). Within fourteen days, legal representatives or self-represented litigants were to contact Relationships Australia (Victoria) to confirm mediation arrangements. Subsequently, each party was to provide the nominated practitioner with documents detailing the dispute, including applications, asset and liability lists, financial contributions, relevant factors under section 90SF of the *Family Law Act 1975* (Cth), settlement proposals, and any intervention or restraining orders. The Applicant was ordered to pay the Conciliation Conference fee prior to mediation, unless exempted. Furthermore, each party was to exchange market appraisals or valuations of disputed assets no later than fourteen days before mediation, indicating who should bear the cost, and provide these valuations to the FDRP no later than seven days before the mediation. The matter was adjourned for a final hearing on 19 April 2018, with parties required to file and serve any further affidavit material at least seven days prior to that date.