Minter and Westaway

The proceedings concerned a dispute between a mother and father regarding their child. The mother sought leave to proceed on an undefended basis, and the court was required to make final orders concerning the child's living arrangements and parental responsibility.

The central legal issue before the court was the determination of final parenting orders for the child. This involved deciding where the child would live, who would have parental responsibility, and whether previous orders should be discharged. The court also considered the appropriate procedural pathway for finalising these matters, including the possibility of an undefended hearing.

In reaching its decision, the court granted the mother leave to proceed on an undefended basis, indicating that the father did not oppose the orders sought or was absent from proceedings. The court then discharged all previous orders relating to the child and made new orders stipulating that the child live with the mother and that the mother have sole parental responsibility. The court also dismissed all extant applications and removed the proceedings from the list of cases awaiting a hearing, discharging the Independent Children’s Lawyer. Pursuant to sections 65DA(2) and 62B of the relevant legislation, the court ordered that particulars of the obligations created by these orders, the consequences of contravention, and details of support services be set out in an attached Fact Sheet, which was to be included in the orders.