Talgos & Kester

In proceedings before Judge C. E. Kirton QC, the wife sought an alteration of property interests pursuant to section 79 of the *Family Law Act 1975* (Cth). The dispute arose from the husband's repeated failure to comply with court orders, including those requiring the filing of material and the provision of financial discovery. The husband had also failed to participate meaningfully in the proceedings and had not filed any responding trial documents.

The central legal issue before the court was whether the wife should be granted leave to proceed on an undefended basis, given the husband's persistent non-compliance and lack of engagement. This required the court to consider the extent of the husband's failures and whether they prejudiced the wife's ability to have her application heard and determined.

The court reasoned that the husband's conduct demonstrated a deliberate disregard for the court's orders and the progression of the proceedings. His failure to provide essential financial information and to participate in any substantive way meant that the wife was unable to obtain the necessary disclosures for a defended hearing. Consequently, the court found it appropriate to grant the wife leave to proceed on an undefended basis. The court then made final orders adjusting the property interests in accordance with the wife's application.