TOKIC & ZIU

In proceedings before Bennett J, the husband sought a nullity of marriage, while the wife applied for parenting orders concerning their young child, including sole parental responsibility. The hearing was significantly impacted by the wife's legal representatives ceasing to act on her behalf the day prior to the scheduled court date. Furthermore, the husband did not attend court, with his brother attending to inform the court that the husband's mental health precluded his attendance.

The court was required to determine whether to grant an adjournment of the proceedings, considering the husband's absence and the wife's change of legal representation. Additionally, the court needed to address the best interests of the child, particularly in light of the husband's non-attendance and the wife's application for sole parental responsibility. The court also considered the procedural implications of these circumstances, including the potential appointment of an independent children's lawyer and the function of a case guardian or McKenzie friend, although these specific roles were not ultimately appointed in this instance.

Bennett J granted an adjournment of the further hearing to a specified date, ordering the husband to attend court on that date. The court stipulated that if the husband failed to attend, the wife would be at liberty to seek the dismissal of his nullity application and proceed with her parenting orders in his absence. Crucially, the court ordered the appointment of an independent children's lawyer pursuant to section 68L(2) of the *Family Law Act 1975* to represent the child's interests, requesting Victoria Legal Aid to arrange this representation promptly. The independent children's lawyer was directed to ascertain the father's intentions regarding parenting orders and to inform him of the potential long-term effects of the child not having a relationship with him, as well as to subpoena police criminal records for both parents. The court also set deadlines for the filing of further documents by the parents and for the transcription of the reasons for decision.