Lucas v Lucas (No 2) [2018] NSWSC 1165

Supreme Court New South Wales

Medium Neutral Citation: Lucas v Lucas (No 2) [2018] NSWSC 1165 Hearing dates: On the papers Decision date: 02 August 2018 Jurisdiction: Equity Before: Sackville AJA Decision: 1. The parties submit agreed short minutes of order resolving all issues in the proceedings within 14 days.

2. In the absence of agreement, the Plaintiff file and serve within 14 days his draft short minutes of order and brief written submissions limited to the issues on which tentative views have been expressed in this judgment.

3. In the absence of agreement, the Defendant file and serve within a further 14 days his draft short minutes of order and brief written submissions limited to the issues on which tentative views have been expressed in this judgment.

4. Note that the written submissions referred to in Orders 2 and 3 may be accompanied by brief affidavit evidence limited to bringing matters up to date for the purpose of finalising orders.

5. Order the Defendant to pay the Plaintiff's costs of the proceedings up to the date of this judgment. Catchwords: PROCEDURE – competing draft orders do not address all issues in dispute between the parties – duty of the Court to attempt to completely and finally determine all matters in controversy between the parties – further opportunity to make submissions provided Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Supreme Court Act 1970 (NSW), s 63

Uniform Civil Procedure Rules 2005 (NSW) rr 36.1, 42.1 Cases Cited: Lucas v Lucas [2018] NSWSC 962 Neeta (Epping) Pty Ltd v Phillips (1974) 131 CLR 286; [1974] HCA 18 Category: Consequential orders (other than Costs) Parties: Sam Lucas (Plaintiff) Glen Lucas (Defendant) Representation: Solicitors: Wilsons Solicitors (Plaintiff) Pryor Tzannes Wallis Solicitors (Defendant) File Number(s): 2016/363742