Somnial and Somnial and Ors

In the matter of Somnial and Somnial and Ors, Brown J considered applications made by the husband and wife. The proceedings concerned the final orders to be made in the matter, with a particular focus on the evidence to be presented and the timeline for its production and review.

The court was required to determine the procedural steps necessary to advance the final hearing of the applications for final orders. This involved setting strict deadlines for the parties to provide documents, information, and written submissions to a single expert witness, Mr M, and for Mr M to produce his final report. The court also addressed the filing of affidavits by the parties and the resolution of costs applications arising from an adjournment.

Brown J ordered that the extant applications for final orders be adjourned for a four-day trial on 6 October 2008. The parties were directed to provide specified documents and information to Mr M by 15 July 2008, with Mr M requested to provide his final report by 22 July 2008. Further directions were given regarding the parties' questions to Mr M and the exchange of information provided to the expert. Leave was granted for the husband to file affidavits from Ms H and D Somnial, and for both parties to file further affidavits by 15 July 2008. Costs for the day were fixed at $5,000 per party, with judgment on costs thrown away reserved pending Mr M's final report. Liberty was reserved to the parties to apply to the court on short notice.