Leda and Kouros (No. 2)

This matter concerned an application before Justice Johns in the Family Court of Australia. The dispute involved an applicant and a respondent, with the applicant seeking to proceed on an undefended basis due to the respondent's failure to attend a hearing.

The primary legal issue before the Court was whether the respondent's failure to attend the hearing warranted striking out their Response to Initiating Application and allowing the applicant to proceed undefended. The Court also considered the costs incurred by the applicant due to the adjournment and whether counsel's attendance was reasonably required.

Justice Johns ordered that the matter be adjourned to a later date, requiring the personal attendance of the respondent. In the event of the respondent's continued non-attendance, the applicant was granted liberty to apply to strike out the respondent's Response and proceed undefended. The Court fixed the applicant's costs for the day at $5,000, reserving the question of payment to the adjourned date, and determined that the matter reasonably required the attendance of counsel pursuant to Rule 19.50 of the Family Law Rules.