Hilary and Hilary and Ors

The proceedings involved the parties Hilary and Hilary and Ors, with the dispute concerning the transfer and institution of proceedings. The decision was made by Bennett J in the Supreme Court of Victoria.

The court was required to determine several matters, including the addition of W Pty Ltd and Mr D as third and fourth named respondents, the adjournment of further hearings to allow for the transfer or institution of proceedings, and the withdrawal of solicitors for the third and fourth named respondents. The court also needed to address the filing of a Notice of Address for Service for these respondents.

Bennett J ordered that W Pty Ltd and Mr D be added as respondents. The further hearing of all extant proceedings was adjourned to 18 February 2008, by which date parties were to have transferred Supreme Court proceedings to this Court or instituted proceedings in this Court under its accrued jurisdiction. Leave was granted for Maddocks Lawyers to withdraw as solicitors for the third and fourth named respondents, who were ordered to forthwith file a Notice of Address for Service, with their address for service to be recorded as a specified address pending compliance. The judge's reasons for judgment were to be transcribed and provided to the parties.