Adel and Banes (No 2)

In *Adel and Banes (No 2)*, Bennett J of the Family Court of Australia considered case management issues in proceedings involving a father who was overseas and failed to appear. The Court was satisfied that the father had been accorded procedural fairness. A key procedural point determined was that a USB stick constitutes a "document" for the purposes of the proceedings.

The Court was required to determine the appropriate orders for the final hearing, including directions for the filing and service of applications, responses, affidavit material, and proofs of evidence. Further issues included the preparation and content of a full family report, the provision of case outlines and lists of documents, and the role of the independent children's lawyer. The Court also addressed the potential for subpoenas and the management of documents for the final hearing.

Bennett J applied principles of case management and procedural fairness, noting that the Court might proceed to determine the matter without the input of a non-attending or defaulting party. The Court issued detailed orders setting a final hearing date, dismissing extant interim applications, and requiring undertakings as to disclosure. Directions were given for the filing of amended applications and affidavit material by specific dates, with a relaxation of Rule 15.08(2)(b) of the *Family Law Rules 2004* to allow annexures to be attached to affidavits. A full family report was ordered, with specific matters to be addressed, including the child's views, the factors under section 60CC of the *Family Law Act 1975*, and recommendations regarding parenting arrangements in various scenarios. The Court also directed the preparation of case outlines, lists of documents, and a chronology, and authorised the independent children's lawyer to provide necessary documents for legal aid applications. The father was directed to advise the other parties of his attendance intentions for assessment interviews and the trial.