Gibson and Killen

In the matter of *Gibson and Killen*, heard by Cronin J, the proceedings concerned a dispute between the father and the mother regarding their children. The trial, scheduled to commence on the day of the hearing, was vacated.

The court was required to determine the future conduct of the proceedings, including the adjournment of outstanding applications, the filing and service of affidavit material by the parties, and the payment of costs. The court also needed to consider the admissibility of previously filed affidavit material and the application of the *Evidence Act 1995* (Cth) to the proceedings.

Cronin J ordered that all outstanding applications be adjourned for final hearing on 11 April 2016, with an anticipated duration of three days or more. The father was ordered to pay the costs of the Independent Children’s Lawyer and the mother by 18 March 2016. Directions were given regarding the filing and service of affidavit material by both the father and the mother, with liberty to apply for the mother and the Independent Children’s Lawyer to proceed on an undefended basis should the father fail to comply with these directions. The father was also ordered to file a Notice of Address for Service. The proceedings were to be listed for mention on 6 April 2016 to assess readiness for trial. Crucially, the court directed that parties could not rely on affidavit material previously filed, except for that specifically prepared for the final hearing in January 2016 or the Federal Circuit Court in April 2015.