Prentice & Maheris

The proceedings involved a husband and wife, with the husband seeking leave to file an interim application concerning his time with a child. The dispute centred on variations to existing orders regarding child contact and the resolution of property and financial matters. The matter came before Young J.

The court was required to determine whether to grant leave for the husband to file an interim application concerning child contact arrangements, and to set a timetable for the filing of affidavits and the conduct of a discrete hearing on that interim issue. Additionally, the court needed to establish a comprehensive schedule for the exchange of trial affidavits, financial statements, and the Independent Children’s Lawyer's materials, as well as to list the extant final applications for a defended hearing. The court also addressed the preparation and filing of a further report from Dr L, the equal sharing of its expense, and the parties' compliance with prior orders.

Young J granted leave for the husband to file an interim application regarding child contact, specifying a return date and a timetable for responses from the wife and the Independent Children’s Lawyer. The court also ordered the preparation and filing of a further report from Dr L, with equal cost sharing. A detailed schedule was set for the exchange of trial affidavits and financial statements, and the matter was listed for a defended hearing of four to five days in November or December 2009. A Financial Conciliation Conference was also ordered to facilitate the resolution of property and financial issues.