Wilson & Anor and Roberts & Anor

In the matter of Wilson & Anor and Roberts & Anor, Dessau J of the Supreme Court of Victoria was required to make orders concerning the conduct of proceedings. The dispute involved applications for final orders, the updating of a report by a Mr P, and the filing and service of various evidentiary and procedural documents.

The court was tasked with determining the timeline for the final hearing of the applications, the process for obtaining an updated report from Mr P, and the deadlines for parties to file and serve their evidence, including affidavits and any amended applications or responses. Further, the court needed to establish the procedure for a telephone mention and the requirements for parties to submit a list of relied-upon affidavits, a case outline, and a precise minute of orders sought.

Dessau J ordered that all applications for final orders be fixed for a five-day hearing commencing on 17 May 2010. The parties were directed to attend upon Mr P for an update to his report, with the costs to be borne equally. Specific deadlines were set for the filing and service of affidavits of evidence in chief, witness affidavits (including Mr P’s updated report), and any amended applications or responses by 26 April 2010. A telephone mention before Registrar Field was scheduled for the week commencing 3 May 2010, and by 12 May 2010, parties were to file and serve a list of affidavits relied upon, a case outline, and a precise minute of orders sought. Additionally, paragraph 1 of previous orders made by Hughes FM on 21 September 2009 was suspended until further order.