Fowles and Fowles

This matter came before Bennett J concerning proceedings between a husband and wife. The dispute involved applications for intervention orders in the State Magistrates Court at Melbourne, as well as property and parenting matters before the Family Court.

The court was required to determine several issues, including whether to grant leave for parties to refer to affidavits from intervention order proceedings in the Magistrates Court, and whether to permit the production of two family reports, noting that neither had been subject to cross-examination. Further, the court needed to address the husband's claim of common interest privilege over certain documents, the exchange of objections to evidence and responses thereto, and the filing of detailed outlines of case for both property and parenting matters. The court also considered the role and submissions of an independent children's lawyer and the notification of costs to clients.

Bennett J made a series of orders directing the parties to file and serve various documents and particulars by specific dates, including case outlines, lists of documents, and summaries of arguments relating to property and parenting issues. These orders were designed to prepare the matter for a final hearing scheduled to commence on 19 March 2018. The court also ordered that the costs of the day be reserved and dismissed the wife's Application in a Case and the husband's Response thereto. The reasons for the decision were to be transcribed and placed on the court file.