4 March 2021, the Court received minutes of consent orders which were made that day including the following:
1. The time for the Respondent to comply with order 3 made on 13 November 2019, being that the Respondent file and serve his affidavit evidence in chief (including any expert evidence) on or before 17 July 2020, be further extended to 16 April 2021.
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4. Pursuant to r 5.21 of the Federal Court Rules 2011 (Cth), and subject to any further order, unless the Respondent:
- (a) files and serves evidence pursuant to order 1 above; or
- (b) indicates in writing to the Court and the Applicants by 16 April 2021 that the Respondent does not intend to adduce evidence in chief in this proceeding,
then the Applicants have judgment against the Respondent, with remedies to be determined (see order 6(a) below).
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6. The proceeding be listed for case management at 9.30 am on 29 April 2021 with a view to:
- (a) in the event that the Applicants have judgment against the Respondent pursuant to order 4 above — providing directions for a hearing on remedies.
- (b) in the event that the Applicants do not have judgment against the Respondent pursuant to order 4 above — setting the matter down for trial.
7. Liberty to apply on 3 days' notice, including in relation to order 4 above.
10 On the morning of 16 April 2021 the Court received an email from the respondent's solicitor requesting a one-week extension of the time within which his client was to file and serve his affidavit evidence. The email explained that the respondent's solicitors had sent a number of emails to the respondent but had not received any response. Emails sent by the respondent's solicitor to the applicants' solicitor indicated that it was unusual for the respondent not to respond and that the respondent's solicitor was concerned about his client's welfare. In response to the application for an extension of time, the applicants' solicitor said that her clients neither opposed nor consented to the proposed extension. I granted the request for an extension and made orders in the following terms:
1. The time for the Respondent to comply with order 3 of the orders made on 13 November 2019 be further extended to 4.00pm on 23 April 2021.
2. Pursuant to r 5.21 of the Federal Court Rules 2011 (Cth), and subject to any
