Yuan and Song (No 2)

In *Yuan and Song (No 2)*, Johns J of the Federal Circuit Court of Australia considered applications and affidavits filed by the parties in property proceedings. The respondent had indicated an intention to attend the hearing but subsequently sought an adjournment due to health issues, having previously informed the Court of his intention not to return to Australia despite prior attendance orders. The applicant indicated that if the respondent did not attend the adjourned hearing, she would seek leave to proceed with her application for final property orders on an undefended basis.

The primary legal issue before the Court was how to manage the proceedings given the respondent's stated intention not to return to Australia, his previous non-compliance with attendance orders, and his current claim of ill health preventing attendance. The Court also had to determine the appropriate case management directions to ensure the efficient and final resolution of the property dispute.

Johns J directed that the applicant have leave to withdraw the case summary document filed that day. The Court then ordered that by 4:00 pm on 22 August 2019, each party was to file and serve a case summary document containing specific information, including concise orders sought, applications and affidavits to be read, assets and liabilities, objections requiring rulings, and a bullet-point summary of argument. All extant applications were adjourned for a final property hearing before Johns J on 6 November 2019, scheduled as a two-day matter, with the respondent ordered to personally attend. Crucially, no party was permitted to file further material after 4:00 pm on 22 August 2019.