Booth and Booth (No. 2)

In the matter of *Booth and Booth (No. 2)*, Cronin J of the Family Court of Australia considered an application filed on 11 October 2017. The specific nature of the dispute between the parties, the applicant and the respondent, is not detailed, but the proceedings involved an application for orders and potentially a contravention application.

The court was required to determine whether to grant the applicant leave to file an amended application seeking different orders, to file a contravention application, and to file further affidavit material. Additionally, the court needed to fix a return date for any contravention application, notwithstanding the usual requirements of Chapter 21 of the *Family Law Rules 2004*, and to determine the method of service for these applications and supporting affidavits. The court also had to consider whether the respondent should be required to personally attend the hearing and the consequences of non-attendance, as well as making orders regarding costs.

Cronin J granted the applicant leave to file an amended application and a contravention application, setting the return date for the contravention application as 25 October 2017, bypassing the standard rules. The court ordered that these applications and any supporting affidavits be filed by 4.00pm on 16 October 2017 and served as soon as practicable. Service of the contravention application was to be by personal service and by email to the respondent's last known address, with proof of service by affidavit. All other documents could be served by email. The respondent was ordered to personally attend the hearing on 25 October 2017, with the applicant granted leave to seek a warrant for the respondent's arrest should they fail to attend. Costs of $4000 were awarded to the applicant, reserved to the return date, with reasons to be transcribed.