Vale and Vale (No 7)

In *Vale and Vale (No 7)*, Hogan J of the Supreme Court of Tasmania was required to determine whether to proceed with the final hearing of a matter in the absence of the respondent. The respondent had failed to appear before the court.

The central legal issue before the court was whether it possessed the power to continue with the final hearing of the proceedings despite the respondent's non-appearance, and if so, whether it was appropriate to exercise that power in the circumstances.

Hogan J reasoned that the court had the inherent jurisdiction to manage its own proceedings and to ensure that justice was done. This included the power to proceed with a hearing in the absence of a party who had been duly notified but chose not to attend. The judge considered that the respondent's failure to appear, without any explanation or application for adjournment, indicated an unwillingness to participate in the proceedings. Consequently, to allow the respondent's absence to indefinitely delay the final hearing would be an unjustifiable impediment to the progress of the case.

The court ordered that the final hearing of the matter should continue in the respondent's absence.