Miller and Wati and Anor

This matter concerned proceedings between a husband and wife, with Ms Asri identified as a second respondent. The court, presided over by Cronin J, was required to make orders concerning the conduct of the proceedings, including the expedited listing of the final hearing, the filing of amended applications and responses, and the completion of discovery. The court also made interim orders regarding the husband's time with the children, spousal maintenance, and litigation funding for the wife.

The primary legal issues before the court were the procedural steps necessary to bring the final hearing to trial efficiently, including the precise articulation of orders sought by each party. The court also had to determine the appropriate interim arrangements for child contact, spousal maintenance, and financial assistance for the wife's legal costs. Furthermore, the court was required to address the status of Ms Asri as a party to the proceedings and the disposition of certain applications filed by the parties.

Cronin J ordered that the final hearing be expedited and listed for a directions hearing to facilitate its scheduling. The parties were directed to file amended applications and responses detailing the specific orders they intended to seek at trial, with strict timeframes imposed. The Independent Children’s Lawyer was directed to communicate any firm positions on proposed orders to the parties and present a copy to the court. The court also mandated the completion of discovery and disclosure by specified dates. Interim orders were made for the husband to spend time with the children on alternate weekends and Tuesdays, to pay spousal maintenance of $500 per week, and to provide $80,000 for the wife's litigation funding, to be managed by her solicitors. Crucially, Ms Asri's response was struck out, she was discharged from the proceedings as a party, and certain applications filed by the husband and wife were dismissed. The orders were to include a fact sheet detailing obligations, consequences of contravention, and sources of assistance.