LEONE & CINO

In the matter of *Leone & Cino*, Johns J of the Federal Circuit Court of Australia considered an application concerning family law proceedings. The dispute involved a final hearing that had been scheduled to commence on 17 August 2015, which was subsequently vacated. The court was required to determine the appropriate course of action regarding the outstanding applications and the husband's absence from a prior mention hearing.

The central legal issues before the court were the rescheduling of the final hearing and the husband's explanation for his non-appearance at the mention hearing on 13 August 2015, as well as the provision of evidence of his medical attendance on that day. The court needed to balance the need for the proceedings to advance with the husband's stated reasons for his absence.

Johns J ordered that the final hearing be vacated and adjourned all extant applications for a final hearing to commence on 7 September 2015, estimating it as a four-day matter. Furthermore, the husband was directed to file and serve an affidavit by 24 August 2015, detailing the reasons for his non-appearance at the 13 August 2015 mention hearing and providing evidence of his medical consultations on that date. The matter was also listed for a further mention before Johns J on 28 August 2015.