Ariti & Booras

The Family Court of Australia, in the matter of Ariti & Booras, heard an application concerning orders made pursuant to s 102NA of the *Family Law Act 1975* (Cth). The applicant, who was self-represented, had failed to comply with previous orders requiring the filing of trial material. The respondent sought an order compelling the applicant to file her trial affidavit within 30 days.

The court was required to determine whether to grant the respondent's application for the applicant to file her trial material within 30 days, considering the applicant's self-represented status and her rejection of appointed representation. The court also had to consider the implications of the applicant's non-compliance on the respondent's ability to have his case heard and the need for finality for the children involved.

Justice Macmillan reasoned that despite the applicant's self-represented status, 30 days was a sufficient period for her to file the necessary material, given that the trial had been scheduled for some time and the material was originally due in March. The court noted that the applicant had previously rejected representation offered through the Family Violence and Cross-Examination Scheme. The court balanced the parties' positions, acknowledging the respondent's entitlement to have his case heard and the Independent Children's Lawyer's submission that the children desired a conclusion to the proceedings.

The court ordered that the final hearing scheduled for May 2021 be vacated and relisted for 30 August 2021. The applicant was ordered to file her trial affidavit and facilitate property valuations by 11 June 2021. Crucially, in the event of the applicant's non-compliance with these orders, the respondent was granted liberty to apply to have the matter proceed on an undefended basis. Further directions were made regarding the filing of concise orders, lists of interests, objections to evidence, and summaries of argument by 23 August 2021, and the preparation of a Court Book.