Bartell and Thompkins

In the matter of *Bartell and Thompkins*, Justice Cronin of the Family Court of Australia considered an application concerning the Independent Children’s Lawyer’s ability to make an application out of time. The dispute involved ongoing family law proceedings where the Independent Children’s Lawyer sought to file an application after the prescribed deadline.

The primary legal issue before the Court was whether to grant an extension of time for the Independent Children’s Lawyer to make a written application, notwithstanding the absence of notice to the husband and wife. The Court also had to determine the procedural steps necessary to advance the matter towards a final hearing.

Justice Cronin reasoned that it was in the best interests of the children involved to permit the Independent Children’s Lawyer to proceed with their application, even if out of time and without prior notice to the parties. The Court acknowledged the importance of the Independent Children’s Lawyer’s role in representing the children’s interests and facilitating a just resolution. Consequently, the Court made orders extending the time for the application, granting leave for the Independent Children’s Lawyer to proceed forthwith, and directing that all extant applications be listed before Registrar Field for procedural orders and subsequent placement before a judge for a final hearing. These orders were also to be brought to the attention of the co-ordinating registrar.