Thanos & Salsbury

In the matter of *Thanos & Salsbury*, heard by Her Honour Judge C. E. Kirton QC, the dispute concerned parenting orders. The father had initiated the proceedings but failed to comply with court orders and participate meaningfully in the litigation. The mother sought leave to proceed on an undefended basis.

The central legal issues before the court were whether the father's initiating application should be dismissed due to his non-compliance and lack of participation, and whether the mother should be granted leave to proceed with her response on an undefended basis.

Her Honour Judge Kirton QC applied the Federal Circuit Court Rules 2001 (Cth). The court reasoned that the father's persistent failure to engage with the proceedings warranted the dismissal of his application. Consequently, the mother was granted leave to proceed with her amended response on an undefended basis, as permitted by the Rules.

The court made final parenting orders by consent of the mother and the Independent Children's Lawyer, in terms of a Minute of Orders dated 3 December 2020. The father's initiating application was dismissed, and the mother was granted leave to proceed undefended.