Tarbell & Pedlar

In *Tarbell & Pedlar*, heard before Hogan J, the central dispute concerned children. The proceedings were underway when both parents departed the courtroom, and the court was required to determine whether the hearing could continue in their absence.

The primary legal issue before the court was whether it possessed the power to proceed with the hearing and make orders concerning the children despite the voluntary absence of both parents. This involved considering the court's inherent jurisdiction and the specific provisions of the *Family Law Act 1975* (Cth) relating to the conduct of hearings and the welfare of children.

Hogan J reasoned that the court's paramount consideration in all matters concerning children is their welfare. The judge determined that the parents' departure, while regrettable, did not divest the court of its jurisdiction to ensure the children's best interests were met. The court's inherent power to manage its own proceedings and to make necessary orders for the protection of children was affirmed. The judge concluded that it was in the children's best interests for the proceedings to continue and for appropriate orders to be made, rather than to allow the proceedings to be stalled indefinitely by the parents' actions.

The court proceeded to hear evidence and make final orders concerning the children.