Olesk & Alver

This matter came before Howard J in the Federal Circuit Court of Australia concerning parenting and property adjustment issues between the parties. The proceedings involved an interim hearing where the court made consent orders addressing various aspects of the dispute.

The court was required to determine the appropriate interim orders concerning the valuation of real property, the parties' responsibilities for expert fees, and the process for mediation of property adjustment issues. Additionally, the court needed to establish orders for parenting programs, the exchange of documents, and the filing of case summaries and offers to settle. The court also addressed the potential for costs orders and the notification requirements regarding legal costs and outlays.

The court's reasoning, as reflected in the consent orders, focused on facilitating the resolution of both property and parenting matters. For property, it ordered the appointment of a court expert to value specific properties and directed the parties to share the costs. It also mandated mediation within a specified timeframe, outlining a clear process for selecting a mediator and requiring the exchange of relevant documents prior to mediation. In relation to parenting, the court ordered the parties to complete a Parenting Orders Program and comply with the directions of the program coordinator, which could include attending various counselling and parenting programs. The court also set strict timelines for the exchange of case summaries, without prejudice offers, and affidavits confirming compliance with these orders, emphasizing the court's intention to consider costs orders based on these offers and overall conduct.

The court made extensive orders by consent, including the appointment of a court expert for property valuation, directions for mediation, and mandatory participation in parenting programs. The matter was adjourned to a Trial Callover, with specific deadlines set for the filing of case summaries, settlement offers, and notices regarding costs. The court also indicated it would consider making an order for an updated family report at the Trial Callover.