WHYTE & BRITTON

In the Federal Circuit Court of Australia at Brisbane, Judge Cassidy considered a dispute between Whyte and Britton. The primary issue before the court was the determination of the date of separation between the parties.

The court was required to determine the date of separation, which is a crucial factor in family law proceedings, particularly concerning property settlement and spousal maintenance. The precise date of separation can significantly impact the division of assets and liabilities acquired during the marriage.

Judge Cassidy directed that the preliminary issue of the date of separation be set down for a final hearing. The court outlined specific procedural directions to ensure the efficient conduct of this hearing. These directions included the filing and service of affidavits containing evidence in chief and witness statements, as well as the preparation and filing of case outlines. The case outlines were to detail the precise final orders sought, a relevant chronology, a list of intended evidence, and a statement of evidence supporting the relevant sections of the *Family Law Act 1975*. The court also stipulated that parties would require leave to rely on affidavit material not filed and served in accordance with these directions.

The court ordered that the preliminary issue of the date of separation be heard on 7 August 2015 and 10 August 2015. The Applicant was directed to pay the setting down and hearing fees, or apply for a waiver or exemption at least seven days prior to the hearing. Strict timelines were set for the filing of evidence and case outlines.