Garland and Wharton and Ors (No. 2)

In *Garland and Wharton and Ors (No. 2)*, Bennett J considered applications and made directions concerning proceedings involving Mr Garland, Ms Wharton, Ms W, Mr S, and Ms C, in relation to two children, L and T. The proceedings before the court were a mention, with a separate protection application concerning the children having been instituted by the Department of Human Services in the Children's Court.

The court was required to determine various procedural matters, including whether to grant leave for Victoria Legal Aid to withdraw as solicitors for Mr S, the third respondent father. Further issues included the adjournment of the matter for a future telephone mention, the potential for applications or orders sought by absent respondents to be treated as abandoned, and the need for the independent children's lawyer to seek an extension of assistance to attend the Children's Court hearing. The court also needed to address the address for service for Mr S and the provision of reports from the Department of Human Services.

Bennett J granted leave for Victoria Legal Aid to withdraw as solicitors for Mr S, noting he was unrepresented. The matter was adjourned for a further telephone mention, with a warning that failure to appear could result in applications being abandoned and names being removed from the title. Directions were issued for the independent children's lawyer to apply for an extension of assistance to observe the Children's Court proceedings on 10 December 2007. The court also directed Mr S's address for service and ordered that a copy of the court's order be sent to the Department of Human Services, requesting any reports upon which they intended to rely in their protection application. Reasons for judgment were to be transcribed and sent to all parties and the Department of Human Services as a matter of urgency.