Mitchell and Mitchell (No 3)

In *Mitchell and Mitchell (No 3)*, Gill J of the Federal Circuit Court of Australia considered an application by the father concerning orders related to children, and the wife's obligation to file and serve material. The proceedings also addressed the determination of factual issues for trial and the scope of evidence to be presented.

The court was required to determine the factual issues that would be considered at trial, having regard to a document prepared by the Independent Children’s Lawyer. Furthermore, the court needed to establish the parameters for the evidence that the parties could file, specifically restraining them from submitting material that fell outside the agreed factual issues or predated a previous trial before Judge Harman.

Gill J accepted the parties' joint agreement that the factual issues for determination at trial were those outlined in the Independent Children’s Lawyer's document of 28 July 2017. Consequently, the court ordered that the parties were restrained from filing evidence that did not pertain to these agreed factual issues or that predated the hearing before Judge Harman. The application by the father was adjourned, with directions given for the filing of material by both parties and the reservation of costs.