Mandel and Palumbo

In the matter of Mandel and Palumbo, heard before Judge A Kelly, the dispute concerned the proposed final orders to be made in the proceeding. The applicant sought to have specific orders made, and the respondent was required to respond to these proposals.

The court was tasked with determining the procedural steps necessary to facilitate the making of final orders. This involved establishing a timeline for the parties to exchange and file proposed orders and responses, ensuring that all issues were clearly articulated and addressed by both sides before the final hearing.

The court's reasoning focused on ensuring a fair and efficient process for resolving the dispute. By requiring the applicant to serve a minute of proposed orders, and then the respondent to provide a detailed response indicating agreement or disagreement with each proposed order and the reasons for any dissent, the court aimed to narrow the issues in contention. This structured approach would allow for a more focused and productive hearing for the making of final orders.

The orders made by the court set out a clear timetable for the parties to exchange and file their respective proposed orders and responses. Specifically, the applicant was to serve proposed orders by 4.00pm on Wednesday, 3 October 2018. The respondent was to serve a response by 4.00pm on Wednesday, 10 October 2018, addressing each of the applicant’s proposed orders and providing reasons for any disagreement. Finally, the applicant was to file and serve the consolidated minute of proposed orders by 4.00pm on Tuesday, 16 October 2018, with the proceeding to be listed for directions for the making of final orders at 10.00am on Thursday, 18 October 2018.