MERRITT & BRUCKNER

In the matter of Merritt & Bruckner, Berman J of the Family Court of Australia considered an application by the father for the delivery up of the children. The mother contended that the existing orders were no longer in the children's best interests and the matter was listed for the hearing of further evidence. The mother failed to appear at the hearing, advising the Court via email that she was unwell. Despite being offered the opportunity to appear by phone and the provision of a medical report that did not assist the Court in determining whether an adjournment was appropriate, the Court attempted to contact the mother further.

The central legal issue before the Court was whether to proceed with the hearing in the mother's absence or to grant an adjournment, given her non-appearance and stated illness. The Court was required to balance the need for the efficient administration of justice with the mother's right to participate in proceedings concerning her children and the potential impact on the children's best interests.

Berman J reasoned that the medical report provided was insufficient to determine the necessity of an adjournment. The Court's attempts to contact the mother by email and phone demonstrated a commitment to affording her an opportunity to be heard. Consequently, the Court adjourned the hearing for one day to allow the mother a further chance to provide additional information or attend by telephone. The costs of the father and the independent children's lawyer were reserved.