ZHU & LAI

This matter concerned an application for property settlement between the Applicant, Mr Zhu, and the Respondent, Ms Lai. The dispute arose from the Applicant's failure to comply with directions issued by the Court for a conciliation conference. The Applicant, who was self-represented, claimed an inability to comply with these directions. The Court was required to consider the consequences of this non-compliance and make appropriate orders.

The primary legal issues before the Court were whether the Applicant's failure to comply with the conciliation conference directions warranted a specific order for costs against him, and what further directions were necessary to facilitate the resolution of the property settlement dispute. The Court also had to consider the general principles regarding the conduct of parties in family law proceedings and the consequences of default in complying with court orders.

Judge Scarlett reasoned that the Applicant's failure to comply with the directions, particularly in relation to disclosure and preparation for the conciliation conference, was a significant issue. The Court noted that parties are expected to make genuine efforts to comply with directions and that self-representation does not excuse a failure to do so. Consequently, the Court ordered the Applicant to pay the Respondent's costs for a previous hearing date. The Court then issued detailed new directions for a further conciliation conference, including specific requirements for financial disclosure, property valuations, and the filing of affidavits and case outlines by both parties, with a clear warning that failure to comply with these new directions would result in the conference being terminated and the matter relisted for further directions.