Foley and Hailes (No. 2)

In *Foley and Hailes (No. 2)*, Bennett J considered an interim application by the wife for sole use and occupation of the former matrimonial home and other real property, or alternatively, for the sale of that property. The husband sought leave to file and serve a Notice of Address for Service.

The court was required to determine the procedural steps necessary to advance the wife's interim application, including the filing and service of affidavits and written submissions by both parties. Additionally, the court needed to address the husband's failure to participate in proceedings after a specific date and the wife's application for costs thrown away as a result. The court also considered the husband's obligation to provide certain documents to the wife, including details of a charge securing legal costs and pleadings from Supreme Court proceedings.

Bennett J granted the husband leave to file his Notice of Address for Service and adjourned the wife's interim application for a hearing on a specified date. The court extended the time for the husband to comply with a previous order and to file any affidavits in support of his response to the wife's applications. Directions were given for the wife to file and serve replying affidavit material and for both parties to file written submissions on the wife's costs application, with specific requirements regarding content and length. The court also directed that each party indicate whether oral submissions would be sought and whether they consented to the court fixing the quantum of costs. Further directions were made regarding the provision of documents by the husband and the distribution of court documents.