Egerton and Hiczewski

This matter concerned proceedings between an Applicant Father and a Respondent Mother regarding the best interests of their two children. The case came before Murphy J.

The primary legal issue before the court was to establish a clear timetable for the filing and service of evidence by both parties and any witnesses they intended to call. The court was also required to consider the nature and scope of the evidence to be presented, specifically that each party should file only one affidavit containing all relevant evidence concerning the children's best interests.

Murphy J directed the parties to file their respective affidavits and those of their intended witnesses by specific dates, with the Father's evidence to be filed by 29 July 2011 and the Mother's by 27 August 2011. The court also noted the specific witnesses each party intended to rely upon, including the Father's intention to identify a real estate agent and the Mother's proposed witnesses. A Directions Hearing was scheduled for after 27 August 2011 to check compliance and facilitate the efficient hearing and determination of the matter before the end of the year. It was noted that Murphy J would be excused from hearing the trial.