Little & Little & Ors

In the matter of *Little & Little & Ors*, heard by Johns J, the dispute concerned an application by the respondent husband to rely on an affidavit in support of his response to an initiating application. The other parties sought to ensure the husband complied with procedural requirements for filing evidence.

The central legal issue before the Court was whether to make an order compelling the respondent husband to file a sworn affidavit by a specified date, and what consequences should follow if he failed to do so. This involved considering the Court's power to manage its proceedings and ensure fairness to all parties.

Johns J reasoned that it was appropriate to make an order requiring the husband to file any affidavit he intended to rely upon by a date prior to the hearing. The Court further ordered that if the husband failed to comply with this direction, his response would be struck out, and the other parties would be entitled to proceed with their applications on an undefended basis. This approach aimed to ensure the efficient progression of the proceedings and prevent undue delay.