Menotti & Lamb

The applicant, Menotti, sought interim orders against the respondent, Lamb, in proceedings before Cronin J of the Supreme Court of Victoria. The dispute concerned the nature and extent of the interim relief sought by Menotti.

The court was required to determine whether to grant the interim orders sought by the applicant, and if not, what further steps should be taken in the proceedings. Specifically, the court considered the appropriateness of striking out certain paragraphs of the application and dismissing another.

Cronin J dismissed paragraph 7 of the interim orders sought by the applicant. The court struck out paragraphs 2-6 of the application, granting liberty to both parties to apply for relisting of the matter before the Honourable Justice Cronin. This relisting could occur upon the filing of a further application supported by affidavit, certification by both parties that the matter remains unresolved and requires an interim hearing, or certification by one party that they require interim orders in the terms of the struck-out application but the other party is refusing to cooperate in relisting. Additionally, the court ordered that the parties attend a conciliation conference on a date to be fixed by the registrar.