Tadderdown and Tadderdown (No 3)

In *Tadderdown and Tadderdown (No 3)*, Cronin J of the Family Court of Australia considered an application by the wife for leave to proceed with divorce proceedings on an undefended basis, in the absence of the husband. The proceedings concerned the finalisation of property settlement and spousal maintenance.

The primary legal issue before the Court was whether the wife should be granted leave to proceed in the husband's absence, and consequently, whether the proposed orders, as set out in minutes of proposed orders, should be made. The Court was required to determine if the conditions for proceeding undefended were met, particularly in light of the husband's non-participation.

Cronin J granted the wife leave to proceed on an undefended basis. The Court's reasoning appears to have been based on the husband's failure to engage with the proceedings, thereby allowing the matter to be resolved in his absence. The Court then made orders in accordance with the minutes of proposed orders, which were sealed and attached to the judgment.

The Court directed that the wife's solicitor engross the minutes and deliver them to the Court's Associate within seven days. Furthermore, all other proceedings were dismissed and removed from the list of cases awaiting a hearing. The Court also certified that the matter reasonably required the attendance of counsel and solicitors, pursuant to Rule 19.50 of the *Family Law Rules 2004*.