Mills and Mills (No 2)

In *Mills and Mills (No 2)*, Benjamin J of the Family Court of Australia considered applications concerning parenting arrangements for children. The proceedings involved an applicant husband and a respondent wife, with the court tasked with determining the future care and welfare of the children.

The court was required to address several procedural and substantive matters to advance the resolution of the parenting dispute. Key issues included the need for the husband to clearly articulate the specific parenting orders he sought, the filing and service of further affidavit material by both parties, and the preparation of comprehensive case outlines detailing sought orders, chronologies, relied-upon documents, and arguments concerning the factors under section 60CC of the *Family Law Act 1975* (Cth). The court also considered the practical arrangements for the final hearing, including the preparation of tender books and the potential for a family report.

Benjamin J's reasoning focused on ensuring a fair and efficient progression of the case towards a final hearing. The court applied principles of procedural fairness and case management by setting strict timelines for the parties to file necessary documents and to clarify their positions. The orders reflected a structured approach to litigation, aiming to narrow the issues and facilitate informed decision-making by the court and the parties. The court also directed the parties to attend mediation, underscoring the preference for alternative dispute resolution where appropriate.

The court made several orders, including extending the provisions of a prior notation, listing the proceedings for a final hearing in November 2016, and directing the husband to pay the hearing fee. Further orders mandated the filing of amended applications, affidavit material, and case outlines, and stipulated the format for tender books. The parties were also ordered to attend mediation, and leave was granted to restore the matter for consideration of a family report.