Matthews and Bender (No 2)

In *Matthews and Bender (No 2)*, Johns J of the Family Court of Australia considered two applications. The first was by the mother seeking to reopen the hearing after its conclusion but before judgment was delivered, to adduce further evidence. The second was by the father for a passport to be issued in the child's name, with the mother's consent dispensed with, due to her allegations that he was a flight risk.

The court was required to determine whether to permit the mother to adduce further evidence, considering the potential prejudice to the father and child and the best interests of the child. It also had to decide whether to grant the father's application for a passport for the child, notwithstanding the mother's opposition and allegations of flight risk, and whether to dispense with her consent.

Johns J dismissed the mother's application to reopen the hearing, finding that the proposed evidence had already been canvassed and was not material to the matters in dispute, and that reopening would likely cause prejudice to the father and child. Regarding the father's application, the court found no evidence to support the mother's allegations of flight risk. Consequently, the court ordered that the mother's application be dismissed, that the father be permitted to apply for a passport for the child without the mother's consent, and that the child be permitted to travel overseas for a specified period. The court further authorised a Registrar to sign all necessary documents to facilitate the passport's issue pursuant to s 106A of the *Family Law Act*.