Larvin and Larvin

In the matter of *Larvin and Larvin*, heard before Justice Cronin, the husband sought final orders in family law proceedings. The wife's response, as amended, was struck out, leading to the husband being granted leave to proceed with his application on an undefended basis. The wife retained liberty to cross-examine the husband and his witnesses at the final hearing.

The central legal issue before the court was whether to grant the husband leave to proceed with his application for final orders on an undefended basis, following the striking out of the wife's response. This also involved determining the appropriate orders to manage the progression of the proceedings, including the wife's ability to participate in the final hearing.

Justice Cronin reasoned that the striking out of the wife's pleadings necessitated proceeding on an undefended basis. The court's orders reflected this determination, allowing the husband's application to be heard without the wife's substantive response. However, to ensure fairness and address potential concerns regarding the wife's understanding and participation, the court specifically preserved the wife's right to cross-examine the husband and his witnesses. The court also made provisions for the wife to be formally notified of the orders and for the reasons for the decision to be made available. The matter was listed for final hearing, with the court noting that it anticipated the proceedings would now be treated as undefended and might be heard ahead of other listed matters.