EVANS & BARNES

In *Evans & Barnes*, heard by Cronin J, the applicant wife sought leave to proceed against the respondent husband on an undefended basis in relation to property settlement. The court was required to determine whether to grant this leave and, consequently, how to resolve the property dispute between the parties.

The central legal issue was the wife's application to proceed undefended, which, if granted, would allow the court to make orders regarding the division of property without the husband's active participation. The court also had to consider the appropriate property settlement orders given the circumstances.

Cronin J granted the wife leave to proceed on an undefended basis. The court ordered that each party retain the assets in their respective possession as at the date of the orders, with the other party relinquishing any interest therein. The husband was also ordered to pay the wife's costs, fixed at $2360, within 14 days. The wife's application filed on 15 April 2011 was otherwise dismissed.