Barton and Barton (No 2)

In *Barton and Barton (No 2)*, the mother sought leave to amend her application to include a child support departure claim, with the final hearing in parenting proceedings scheduled for six weeks later. The father also had an obligation to file an updated application if there was any change to the orders he sought. The mother also sought an order requiring the father to appear in person at the final hearing, with the hearing to proceed undefended if he failed to attend.

The court was required to determine whether to grant the mother leave to amend her application to include the child support departure claim, given the proximity of the final hearing. It also had to consider the mother's application for an order compelling the father's personal attendance at the hearing.

Loughnan J granted the mother leave to restore the proceedings to the list for the purpose of her application to amend her application to include a child support departure claim, provided seven days' notice was given to the father and the Independent Children's Lawyer. The court reasoned that this would allow the new issue to be properly considered. However, the application for an order requiring the father to appear in person was dismissed, as the hearing would proceed undefended in any event if he failed to attend. The court also extended the time for filing and serving affidavits containing lay evidence and reserved costs.