Malta and Malta and Ors

In the matter of *Malta and Malta and Ors*, Justice Cronin of the Supreme Court of Victoria was required to determine a series of applications concerning property settlement and the setting aside of previous orders. The proceedings involved the wife, who sought to set aside orders made by Justice Mandie in August 2004, and Mr Trim, who had an application for property settlement.

The court was tasked with managing the progression of these applications, particularly in light of the wife's desire to participate and her ongoing efforts to set aside prior court orders. Key issues included ensuring the wife's active participation in the proceedings, the timely activation of her proceedings in the Supreme Court of Victoria, and the filing of evidence and submissions by both parties. The court also had to consider the potential for Mr Trim's application to proceed undefended if the wife failed to comply with the court's directions.

Justice Cronin's reasoning focused on establishing a clear timetable for the wife to prosecute her application to set aside the 2004 orders and to file her evidence and submissions. The court emphasised the need for the wife to either attend personally or be represented by a legal practitioner. Directions were given for the husband to file his application and supporting material, and for the wife to file her submissions in reply. The court reserved the question of costs and certified that the matter reasonably required the attendance of counsel.

The court ordered that the further hearing of all outstanding applications be adjourned to 4 February 2008. The wife was directed to take all necessary steps to activate the prosecution of her proceedings to set aside the 2004 orders by 28 January 2008, and to file an affidavit detailing these steps by 1 February 2008. Leave was granted for Mr Trim to proceed with his application on an undefended basis if the wife failed to attend. The husband was ordered to file and serve his application and supporting material by 25 January 2008, and the wife was to file and serve her submissions in reply by the same date.