Adel and Banes (No 3)

In the matter of *Adel and Banes (No 3)*, Bennett J of the Family Court of Australia considered an application by the wife for costs and made directions regarding the listing of a final hearing. The proceedings concerned family law matters, and the court was also to consider the implications of potential assistance being granted to the father under the Commonwealth Family Violence and Cross-Examination of Parties Scheme.

The primary legal issues before the court were whether to grant the wife's oral application for costs and how to manage the listing of the final hearing in light of developments concerning the father's potential eligibility for assistance under a specific scheme. The court also had to determine the appropriate method for communicating its reasons for decision to a Magistrates' Court in relation to separate criminal proceedings.

Bennett J ordered that the final hearing previously scheduled for 8 to 11 October 2019 be vacated and relisted for a date to be fixed. The court directed that the Independent Children’s Lawyer notify chambers if the father was granted assistance under the Commonwealth Family Violence and Cross-Examination of Parties Scheme. The wife's oral application for costs was dismissed. Furthermore, the court directed that its reasons for decision be transcribed and provided to the parties, and that a Registrar send a copy of these reasons to the Clerk of the Magistrates’ Court at Suburb K for the attention of the presiding Magistrate in relation to criminal proceedings. An email from the father dated 4 October 2019 was marked as an exhibit, and the court directed its Associate to email the order to Victoria Legal Aid.