McCall and McCall

The Family Court of Australia heard an application by Ms McCall (the Wife) for property settlement and spousal maintenance, which was met with a response from Mr McCall (the Husband) seeking parenting orders. The proceedings, which had been ongoing since March 2008, were before Justice Kent for the final determination of these matters. The court was also informed that the Wife had become bankrupt on 5 July 2011.

The primary legal issues before the court were whether to grant an adjournment due to the Wife's inability to attend the hearing, and how to proceed given her recent bankruptcy. The court was required to consider the principles of case management, particularly the need to conduct proceedings without undue delay and with as little formality as possible, as outlined in Division 12A of the *Family Law Act 1975* (Cth), especially in light of the impact on the children. Additionally, the court had to determine the effect of the Wife's bankruptcy on her property settlement application under section 60 of the *Bankruptcy Act 1966* (Cth).

Justice Kent reasoned that while the Wife's father's illness was a reason for her absence, the protracted nature of the proceedings and the impact on the children necessitated a final opportunity for the Wife to comply with pre-trial directions. The court noted that the Wife's Trustee in Bankruptcy had not elected to continue the property settlement action within the prescribed timeframe, meaning the action could be deemed abandoned under section 60 of the *Bankruptcy Act 1966* (Cth). Consequently, the court ordered that the Wife comply with specific pre-trial directions within fourteen days, failing which the matter would be listed for an undefended hearing. The court also indicated that consideration should be given to dismissing the Wife's property settlement application at the next listing.