Everett and Simons

The parties in this matter were the applicant and the respondent, with Justice Cronin presiding. The dispute concerned final orders in proceedings previously heard in the Federal Magistrates Court.

The court was required to determine the terms of the final orders, including the practical arrangements for child handover, the timetable for the filing and service of evidence and amended applications, and the preparation of an updated family report. The court also considered the procedure for dealing with non-compliance with its orders and the electronic filing of certain documents prior to the hearing.

Justice Cronin varied the existing orders by substituting a specific restaurant as the handover point for the children, with the first occasion for this new arrangement to commence on 11 February 2012. The court then set a hearing date for the final orders, commencing on 1 May 2012, but not to be called before 14 May 2012. A detailed timetable was established for the parties to file amended applications, evidence in chief, and any replying affidavits, with specific deadlines for each. The court also directed the parties and children to attend an updated family report with a nominated family consultant, to be completed by 30 April 2012. Provisions were made for the Family Consultant's access to court documents and for parties to issue subpoenas. The court stipulated that no further material was to be filed without leave and outlined a procedure for a party to seek to proceed on an undefended basis should another party fail to comply with the orders. Finally, practitioners were directed to electronically file a concise set of orders, a list of documents to be read, and a summary of argument by 11 May 2012.