Marley & Ormonde

In the matter of *Marley & Ormonde*, the dispute concerned the separation of issues within family law proceedings, specifically relating to third-party interests in matrimonial property and the substantive property adjustment between the husband and wife. The proceedings were before McClelland DCJ in the Family Court of Australia.

The court was required to determine whether to continue to hear the discrete issue concerning third-party interests separately from the substantive property proceedings, or to consolidate them. This arose after a hearing of the discrete issue was part-heard, and subsequent orders were made for a further hearing of that issue alongside the substantive property proceedings. However, during the further hearing, insufficient time was available for the substantive property proceedings.

McClelland DCJ considered the practicalities of separating the issues and the potential for a discrete hearing for the separate issue. The court ultimately adjourned the matter for a further video hearing on 2 November 2020.