Hopper and West

In the matter of Hopper and West, heard before Cronin J, the dispute concerned family law proceedings. The wife sought leave to withdraw an unfiled application and supporting affidavit. The court was required to determine the procedural steps necessary for the matter to proceed, including the filing and service of amended applications, responses, and affidavit material by both parties.

The court's reasoning focused on ensuring clarity and precision in the orders sought by each party and establishing a timetable for the exchange of further documentation. This included requiring the wife to specify her final orders and any applications for interim orders concerning third parties and discovery, and the husband to respond to these and file any application to proceed on an undefended basis. The court also addressed the attendance of parties at conciliation conferences and mediation, and the potential for interlocutory applications to be heard by telephone.

The court ordered that all outstanding proceedings be adjourned to a specific date. It granted the wife leave to withdraw her unfiled application and set deadlines for both parties to file and serve amended applications, responses, and affidavit material. The conciliation conference was vacated, and the requirement for parties to attend one was waived on the condition of attending private mediation. The husband's application in a case filed on 12 January 2009 was dismissed, and the wife was ordered to pay the husband's costs thrown away in respect of previous hearings, with payment stayed until the final hearing.