ALBAIR & BADINA

In this undefended property application before Judge Burchardt of the Federal Circuit Court of Australia, the applicant sought final parenting and property orders. The proceedings were brought out of time, and the respondent did not appear.

The primary legal issues before the court were whether to grant the applicant leave to bring the proceedings out of time and, if so, whether to make final parenting and property orders in accordance with the applicant's proposed Minutes of Orders. The court was also required to ensure that the orders complied with the relevant provisions of the *Family Law Act 1975*, particularly concerning the particulars of obligations and consequences of contravention.

Judge Burchardt granted the applicant leave to proceed out of time, acknowledging the undefended nature of the application. The court then made final parenting and property orders pursuant to Rule 13.04 of the *Federal Circuit Court Rules 2001*, adopting the Minutes of Orders proposed by the applicant. The court further directed the applicant's solicitors to file a clean, certified, electronic copy of the Minutes in Word Format within seven days. The court noted that the particulars of obligations and consequences of contravention, as required by sections 65DA(2) and 62B of the *Family Law Act 1975*, were included in the orders.