Brett & Lennox

In the matter of *Brett & Lennox*, heard by Foster J, the applicant mother and respondent father failed to appear at four scheduled court events concerning an application for final parenting orders. The Independent Children’s Lawyer was also present.

The central legal issue before the court was whether the proceedings should be dismissed due to the parties' repeated non-attendance.

Foster J determined that the parties' persistent failure to attend court, despite multiple opportunities, demonstrated a lack of engagement with the judicial process and an unwillingness to prosecute or defend the application. The court applied the principle that parties have a responsibility to actively participate in proceedings before them. Consequently, the court ordered the dismissal of the proceedings. The court also made provision for the Independent Children’s Lawyer to make an application for costs, with a timetable for written submissions from all parties before judgment is reserved.