Garratt and Aiken & Anor (No . 2)

In *Garratt and Aiken & Anor (No. 2)*, Foster J of the Family Court of Australia considered an application by the paternal grandmother, Ms Garratt, who had failed to comply with orders made by the court on the first day of a hearing. These orders were made following an application for an adjournment. As a consequence of her non-compliance, Ms Garratt's initiating application was struck out and dismissed, and she was removed as a party from the proceedings.

The central legal issue before the court was whether it was appropriate to strike out the paternal grandmother's application and remove her as a party to the proceedings due to her failure to comply with the previously made orders. This involved considering the court's power to manage its own proceedings and ensure compliance with its directions.

Foster J applied the principles governing the striking out of proceedings for non-compliance with court orders. The court reasoned that the failure to comply with clear directions, particularly after an adjournment was granted, demonstrated a lack of commitment to prosecuting the application and a disregard for the court's process. The court concluded that the appropriate course of action was to strike out the initiating application and remove Ms Garratt as a party.

The court ordered that the Applicant paternal grandmother's application be struck out and dismissed, and that Ms Garratt be removed from the proceedings.