O’Malley and O’Malley

In the matter of O’Malley and O’Malley, heard before Brown J, the dispute concerned an application to re-litigate parenting issues. The wife had filed an application on 11 January 2008, and the husband was required to respond to this application and provide further affidavits detailing the alleged change or fresh circumstances necessitating the re-litigation.

The central legal issue before the court was whether the husband had established sufficient grounds to warrant a re-litigation of parenting orders. This required the court to consider the nature of the circumstances presented by the husband and whether they constituted a material change from those that underpinned the original orders.

Brown J adjourned the further hearing of the application to 31 January 2008. The husband was ordered to file and serve a form 2A response, supporting affidavits, and an affidavit specifically outlining the facts constituting the change or fresh circumstances justifying the re-litigation by 1:00 pm on 30 January 2008. The wife was granted leave to file responding affidavits by 9:00 am on the adjourned date. The costs of the day were reserved, and the matter was deemed to reasonably require the attendance of counsel.