W & W

The Full Court of the Supreme Court of Victoria, comprising Lindenmayer, Kay and Hannon JJ, heard an appeal concerning orders made by a single judge on 25 August 1999. The dispute involved the wife and husband, though the precise nature of their disagreement is not detailed in the provided text. The Court's decision focused on setting aside certain orders and determining the future course of the proceedings.

The primary legal issues before the Full Court were whether it should re-exercise the discretion of the trial judge regarding the matters dealt with in the set-aside orders, or remit the proceedings for a rehearing. Further, the Court considered whether, if it re-exercised discretion, it should do so based on the trial judge's findings of fact (as varied by the Full Court), or on facts to be found anew, potentially with further evidence. The Court also had to determine, if it declined to re-exercise discretion, whether the proceedings should be reheard entirely or only on specific issues. Finally, the Court was required to consider submissions on costs, including the wife's appeal from a costs order made by Cohen J on 12 November 1999, and the costs of the current appeal.

The Full Court allowed the appeal and set aside specific orders made by the trial judge. The Court's reasoning, as indicated by the detailed orders for further submissions, suggests a determination that the trial judge's exercise of discretion was flawed or required reconsideration. The Court did not definitively re-exercise the discretion itself but instead outlined a process for the parties to make submissions on how the matter should proceed. This process involves detailed written submissions on the procedural and substantive questions outlined in the orders, with a timetable for their filing and service. The appeal was then stood over for further consideration and final determination following the receipt of these submissions.