Ferucci and Denton

In the matter of Ferucci and Denton, Johns J of the Supreme Court of Victoria was required to determine the procedural steps necessary for the final hearing of applications for final orders. The dispute concerned applications and responses that had already been filed, but the court sought to ensure clarity and precision regarding the orders to be sought by each party at trial.

The primary legal issues before the court were how to best prepare the parties for a final hearing and ensure that all relevant matters were clearly articulated. This involved determining the form and content of amended applications and responses, as well as the provision of a concise summary of disputed issues. The court also considered the need for parties to provide detailed cost statements prior to the hearing.

Johns J ordered that all extant applications for final orders be listed for a first day of hearing on 19 October 2017. To facilitate this, the Applicant was directed to file and serve an amended application detailing the precise orders sought by 29 September 2017, with the Respondent(s) to file and serve an amended response by 13 October 2017. Furthermore, all parties were ordered to file and serve a brief summary of disputed legal and factual issues by 18 October 2017. The court also mandated that represented parties provide a detailed statement of costs incurred, paid, and anticipated at the first day of hearing. The court noted that non-compliance with the amended application and response orders could lead to an application to proceed on an undefended basis.