Markwell and Markwell

In the matter of *Markwell and Markwell*, Austin J of the Family Court of Australia considered applications for orders that had been filed in 2009. The dispute concerned unresolved issues between the parties, which had not been progressed for a significant period.

The central legal issue before the Court was whether the applications for orders should be dismissed for want of prosecution. This required the Court to consider the appropriate course of action given the prolonged inactivity in the proceedings.

Austin J applied Rule 11.06(1)(b) of the Family Law Rules, which permits the dismissal of proceedings for want of prosecution. However, the Court provided an opportunity for the parties to avoid dismissal by filing terms of settlement resolving all disputed issues by a specified date. The matter was adjourned to allow for this possibility.

The Court ordered that the applications for orders filed on 19 June 2009 and 21 August 2009 be dismissed for want of prosecution unless terms of settlement were filed by 9:30 am on Thursday, 25 October 2012. The proceedings were adjourned to that date for further consideration.