Simons & Anor and Simons & Ors

The parties involved in this matter were the wife, Ms M Simons, the respondent husband, and the second and third respondent maternal grandparents and aunt, respectively, along with the Department of Human Services. The dispute concerned applications before the court, with the court issuing directions for the conduct of the proceedings.

The court was required to determine the procedural steps necessary for the efficient progression of the case towards a final hearing. This involved setting a strict timetable for the filing and service of amended applications and responses, as well as affidavit material by each party. The court also needed to address the admissibility of existing affidavit material and the process for issuing subpoenas.

Cronin J directed that all currently filed affidavits could not be relied upon for the ultimate final hearing without leave. A detailed timetable was established for the filing of amended applications and responses by the wife, Ms M Simons, the husband, the maternal grandparents, the maternal aunt, and the Department of Human Services. The court also provided for a right of reply by affidavit for the wife and allowed the Independent Children’s Lawyer to file affidavit material. Crucially, the court ordered that failure to comply with the timetable would result in the defaulting party being treated as not participating in the final hearing, unless the trial judge or Registrar granted an extension. Parties were granted leave to issue subpoenas for documents, with relevance to be certified by legal practitioners. The court also mandated the electronic filing of a case outline by all parties, detailing proposed orders, affidavits to be read, objections to evidence, and the issues in dispute.