Lynton and Lynton

In the matter of *Lynton and Lynton*, Dawe J of the Family Court of Australia considered an application by the parties concerning the filing of documents and the continuation of a trial. The dispute appears to relate to family law proceedings, with the orders indicating a need for further evidence and a scheduled continuation of the trial.

The court was required to determine whether to grant leave for the late filing of documents, the appropriate timeline for the exchange of further evidence, and the allocation of costs for the hearing. Specifically, the husband was directed to provide an affidavit regarding relevant documents within his control, with a strict deadline for the wife to update her own documents and complete inspections.

Dawe J granted leave *nunc pro tunc* for the parties to file documents that were before the Court, acknowledging the procedural irregularity. The court adjourned the trial to a later date, imposing a ten-day period for the husband to file and serve his affidavit concerning relevant documents. Crucially, the wife was required to complete any updates to her documents and all inspections within this timeframe, with a final inspection deadline set for 13 November 2009. The husband was also ordered to pay the wife's costs of the hearing.