LAUGHLIN & JENKINS

In the matter of LAUGHLIN & JENKINS, before Bennett J, the dispute concerned an application filed on 21 May 2014, with a final hearing scheduled. The court was required to determine whether to grant leave to file certain affidavits, including one not in the correct form, and to set a date for the final hearing of the application.

The court's reasoning involved the practicalities of litigation and the paramount consideration of the children's interests. In relation to the affidavits, leave was granted to file them notwithstanding a formal defect in one, indicating a pragmatic approach to procedural matters. Crucially, the court exercised its power under section 68L(2) of the *Family Law Act 1975* to ensure the independent representation of the children, C and D, by a lawyer. This appointment was to be made in time for the independent children's lawyer to provide recommendations regarding leave to commence adoption proceedings and final parenting orders, and to engage in negotiations with the father.

The court made several orders to facilitate the proceedings. These included granting leave to file the affidavits, scheduling the final hearing for 8 October 2014, and directing that the respondent's email address serve as his address for service unless otherwise notified. Furthermore, the court requested Victoria Legal Aid to arrange for the independent representation of the children and stipulated that the appointed lawyer file a Notice of Address for Service. The parties' solicitors were also directed to provide all relevant documents to the independent children's lawyer within 48 hours of their appointment. The court also made directions regarding the transcription of its reasons and the marking of an exhibit, and provided a mechanism for parties to request an adjournment of the final hearing to avoid unnecessary costs.