Hurst and Lindsay (No. 3)

In *Hurst & Lindsay (No. 3)*, the Family Court of Australia considered an application by the mother (Ms Hurst) seeking to proceed on an undefended basis due to the father's (Mr Lindsay) non-compliance with court orders. The proceedings concerned the child D, and an Independent Children's Lawyer, Ms Webb, was appointed.

The central legal issue before the court was whether to grant the mother's application to proceed on an undefended basis, given the father's failure to attend a family report assessment as previously ordered. The court was also required to determine the appropriate orders to ensure the child's welfare and to ascertain the nature of the relationships between the parents and the child, particularly in light of the father's possession of the child and his non-attendance at the family report.

Justice Cronin noted that the father had failed to comply with the order for a family report assessment, which was crucial for the court to understand the child's relationships. The court acknowledged the mother's application to proceed undefended but indicated that this might be premature given the lack of information. Instead, the court adjourned the matter for a short period, ordering the father to bring the child to the court childcare centre by a specific time on the adjourned date. The court also indicated that if the father failed to attend the adjourned hearing, the mother could elect to proceed on an undefended basis or seek a warrant for the father's arrest, emphasizing the need to ascertain the child's circumstances.