FOLEY & HAILES

In the Family Court of Australia at Melbourne, Justice Bennett considered an application by the wife concerning property settlement. The dispute involved the wife's amended initiating application, filed on 22 July 2014, which sought the sale of a property located in C Town and the payment of the net proceeds to her. The court was required to determine whether to grant an extension of time for the wife's compliance with a previous order and whether to proceed with the final hearing of the wife's property application on an undefended basis.

Justice Bennett reasoned that it was appropriate to extend the time for the wife's compliance with the previous order and to list the matter for an undefended final hearing. The court also made orders for service of the current order on the husband and for the wife's solicitors to send a text message to the husband advising him of the proceedings and the implications of his non-participation. The court reserved costs and set further directions regarding the filing of an outline of case and notification of counsel.