Kelby and Kelby (No. 3)

In the matter of *Kelby and Kelby (No. 3)*, Le Poer Trench J considered an application by the wife to prevent the husband from being heard on his application to discharge a single expert, and the husband's subsequent application to discharge that same expert. The dispute arose in the context of ongoing family law proceedings.

The primary legal issues before the Court were whether the husband should be permitted to argue for the discharge of the single expert, and whether the single expert should, in fact, be discharged. The Court also had to consider the outstanding invoices of the single expert and the costs associated with these applications.

Le Poer Trench J dismissed the wife's application to prevent the husband from being heard, and also dismissed the husband's application seeking the discharge of the single expert. The Court ordered that the single expert provide a statement of outstanding invoices to be paid by the parties within 14 days. Directions were also given for the filing of minutes of order and written submissions regarding costs by both the wife and the husband, with specific timelines stipulated for each party.