Suess and Jackson and Anor

This matter concerned an application before Murphy J of the Family Court of Australia. The primary dispute involved the living arrangements and parental responsibility for two children, V and B. While final orders were made regarding the children living with their father and the father having sole parental responsibility, the proceedings were complicated by the subsequent actions of the maternal grandmother.

The legal issues before the court, particularly in relation to the grandmother's application, revolved around her right to pursue her application for final orders despite her absence from the initial hearing. This necessitated the court determining the appropriate procedural steps to allow the grandmother to present her case, including the filing of an affidavit detailing the basis of her application, her contact with solicitors, and the reasons for her non-attendance at the hearing.

Murphy J's reasoning, as evidenced by the subsequent orders, was to provide the maternal grandmother with an opportunity to formally present her application. The court directed the grandmother to file an affidavit by a specified date, outlining the grounds for her application, her communications with her legal representatives, and the explanation for her absence from the hearing. This affidavit was to be served on the other parties and her former solicitors. The court also ordered that the grandmother's application be listed for mention to allow for further consideration of her position. The orders also included standard provisions regarding the particulars of obligations and consequences of contravention, as set out in a fact sheet.