Grant and Aiden (No 5)

In the matter of Grant and Aiden (No 5), Justice Macmillan of the Federal Circuit Court of Australia considered an application by the mother concerning ongoing proceedings. The dispute involved the mother's oral applications to join her mother and sons as parties, for an adjournment and further procedural hearing, and for the parties to attend dispute resolution.

The court was required to determine whether to grant the mother's applications. Central to this determination was the need to assess the mother's capacity to participate in the proceedings, particularly in light of her stated symptoms and the need for medical evidence regarding her health and capacity.

Justice Macmillan dismissed the mother's oral applications. The court ordered the mother to file and serve an affidavit detailing specific medical information concerning symptoms she experienced on the day of the hearing, including when they manifested, who she contacted, ambulance reports, hospital admission and discharge details, and any treatment received. This affidavit was to attach a report from her health practitioners assessing her emotional, mental, and physical health, her capacity to participate in the proceedings, and confirming their availability for cross-examination. The matter was adjourned for a further hearing, with the mother ordered to attend personally or be represented. The court also granted the Independent Children’s Lawyer leave to issue subpoenas for documents on short notice. The father was ordered to serve the sealed copy of the orders on the mother. The court stipulated that if the mother failed to comply with the orders regarding the affidavit and attendance, the father would be at liberty to proceed on an undefended basis.