Fitzgerald & Fitzgerald

In *Fitzgerald & Fitzgerald*, heard by Guest J, the dispute concerned interim orders sought by the husband in family law proceedings. The husband filed an Initiating Application on 15 August 2007, seeking specific arrangements for the children.

The court was required to determine the terms of interim orders concerning the filing and service of affidavit material by both parties, and crucially, the arrangements for the children's time with the husband and their delivery to the court.

Guest J made several orders, including adjourning the husband's application for hearing on 3 September 2007. The court also ordered that further affidavit material be filed by the husband by 3 September 2007, and that the wife file and serve her response and any supporting affidavits by the same date. Importantly, the wife was ordered to deliver the children to the husband at 9.00 am on 1 September 2007 at the Adelaide Police Station, with the husband to spend time with them until 9.30 am on 3 September 2007, at which point he was to deliver them to the Counselling Section of the Family Court in Melbourne. The husband's costs of the day were reserved, and the preparation of the orders was expedited. The court also noted that the matter reasonably required the attendance of a solicitor acting as counsel.