Sirola and Sirola and Anor (No.2)

This matter concerned an application before McClelland J in the Family Court of Australia. The applicants, Mr and Mrs Sirola, sought orders against the respondent father, who was absent from the hearing.

The primary legal issue before the Court was whether the hearing should proceed in the absence of the respondent father.

McClelland J determined that the hearing should continue notwithstanding the respondent father's absence. The Court applied the principle that it has the power to proceed with a hearing even if a party is absent, provided that appropriate notice has been given and the interests of justice are served by doing so.

The Court ordered that the hearing continue despite the absence of the respondent father.