Dillon and Wayne (No. 2)

In the matter of *Dillon and Wayne (No. 2)*, heard before Murphy J of the Family Court of Australia, the dispute concerned an application by the Applicant to amend her Statement of Claim and to relist a vacated hearing. The Applicant sought to rely on an Amended Statement of Claim filed on 26 June 2012 and requested that a trial, previously scheduled for 13 July 2012, be vacated and relisted for a three-day trial commencing on 27 November 2012.

The primary legal issues before the court were whether the Applicant should be permitted to rely on her Amended Statement of Claim and whether the trial should be relisted for a later date. Additionally, the court was required to determine the question of costs associated with the vacated hearing and the costs of the current proceedings.

Murphy J ordered that the hearing set for 13 July 2012 be vacated and the matter relisted for a three-day trial commencing on 27 November 2012 in the Brisbane Registry. The Applicant was permitted to rely upon her Amended Statement of Claim filed on 26 June 2012. Furthermore, any questions concerning costs of and incidental to the vacated hearing, including who should bear such costs, were reserved to the final hearing.