Walmsley and Walmsley (No 5)

In *Walmsley and Walmsley (No 5)*, Strickland J of the Family Court of Australia considered applications made by both the husband and wife in ongoing family law proceedings. The dispute involved various interlocutory applications concerning the filing and service of evidence and the progression of specific applications before the court.

The primary legal issues before the court were whether to grant leave for the parties to file certain affidavits out of time, whether to extend the time for filing and serving further affidavits, and how to manage the hearing of competing applications relating to discovery and other matters. The court also had to determine the fate of an application filed by the wife.

Strickland J granted leave *nunc pro tunc* to the husband to file his affidavit of evidence in chief on 9 October 2009 and to the wife to file the affidavit of Ms K on 16 October 2009. The court also extended the time for the husband to file his mother's affidavit of evidence in chief to 23 November 2009. Similarly, the time for the wife to file her own affidavit of evidence in chief and her mother's affidavit of evidence in chief was extended to the same date. The court adjourned further consideration of the husband's application in a case, setting a date for the wife to file a response and for both parties to file applications and responses concerning discovery, with these matters to be heard on 6 November 2009. Finally, the wife's application in a case filed on 19 October 2009 was dismissed.