HABEL & FARNSWORTH (No.2)

In *Habel & Farnsworth (No.2)*, Judge Howard of the Federal Circuit Court of Australia considered an application by the father for leave to file an affidavit to be relied upon at an undefended hearing. The father was the "excluded party" by the order that set the matter down for this undefended hearing.

The central legal issue before the Court was whether the father, as the excluded party, should be granted leave to file an affidavit for use at an undefended hearing.

Judge Howard dismissed the father's oral application for leave. The Court's reasoning, though not detailed in the provided text, led to the refusal of the application, resulting in the matter proceeding to an undefended hearing without the father's affidavit. The orders reflect this outcome, setting the matter down for an undefended hearing and dismissing the father's application for leave to file an affidavit.