Lovine and Connor

In the matter of *Lovine and Connor*, Justice Mushin of the Family Court of Australia considered applications concerning property settlement and parenting arrangements. The husband sought leave to withdraw his application without prejudice to his right to argue the merits at a final trial.

The court was required to determine the appropriate directions for the preparation of the matter for final trial, including the need for a Family Report, the appointment of an Independent Children’s Lawyer, and whether to dispense with a conciliation conference. The court also considered the particulars of obligations and consequences of contravening the orders made.

Justice Mushin granted the husband leave to withdraw his application without prejudice. The court ordered that all final applications be referred to the Registrar’s Directions List for orders and directions to prepare for a trial commencing on 25 October 2010. These directions included an order for a full Family Report by an external expert, excluding a specific individual, and the filing of a trial plan. The court specifically decided against appointing an Independent Children’s Lawyer and dispensed with the requirement for a conciliation conference pursuant to section 79(9)(b) of the *Family Law Act 1975*. Questions of costs were reserved, and general liberty to apply was granted. The court also certified that the matter reasonably required the attendance of counsel and senior counsel.