Nugent and Berg

In proceedings before Cronin J, the parties, Nugent and Berg, sought directions regarding the conduct of their case. The dispute concerned matters arising under the *Family Law Act 1975* (Cth).

The court was required to determine the procedural steps necessary for the final hearing of the matter, including the timetable for the filing and service of evidence, the method of presenting evidence in chief, and the application of the rules of evidence. The court also considered the preparation of a family report and the issuance of subpoenas.

Cronin J ordered that previous directions be discharged and fixed the matter for final hearing on 6 February 2017, estimating it as a three-day case. The court directed that evidence in chief be given by affidavit and established a strict timetable for the filing of affidavits by the applicant, respondent, and the Independent Children’s Lawyer. The rules of evidence were to apply to all evidence, and parties were directed to attend upon a Ms B for the preparation of a family report after serving their affidavits. The costs of Ms B were to be shared equally. Parties were granted leave to issue subpoenas for documents, with relevance to be certified by legal practitioners. A case outline was to be filed by 3 February 2017, detailing the issues, affidavits to be read, orders sought, and objections to evidence. The court also noted that non-compliance with the timetable could lead to the case being removed from the trial list and that affidavits from previous hearings would not be admissible as evidence in chief without leave.