CARLTON & MCDOUGALL

In *Carlton & McDougall*, heard by Kent J of the Family Court of Australia, the proceedings concerned interim parenting orders. The father and the Independent Children's Lawyer (ICL) sought to amend their applications and sought leave to proceed on an undefended basis due to the mother's significant non-compliance with court directions and information suggesting her incarceration.

The central legal issues before the court were whether to grant leave for the father and ICL to amend their sought orders, and whether to grant leave for the proceedings to be heard and determined on an undefended basis. The court also considered how best to ensure the mother received proper notice of the potential for undefended proceedings given her circumstances.

Kent J granted leave for the father and ICL to amend their applications to set out amended final orders sought. Crucially, the court also granted leave for the father and/or the ICL to proceed to have the matter heard and determined on an undefended basis on the first day of trial, should the mother fail to participate or continue her non-compliance. The court directed that a transcript of the hearing and the orders and reasons for judgment be served on the mother to ensure she was aware that the matter could proceed undefended if she did not participate. The mother was also granted leave to appear via video link at the trial.