Bailey and Paynter

In the matter of *Bailey and Paynter*, heard by Hannam J, the dispute concerned parenting orders. The mother had sought leave to make an urgent oral application for a recovery order, which was dismissed by the court. This dismissal occurred in circumstances where the father had unilaterally taken the child into his care in June 2017, and no prior recovery order had been filed.

The court was required to determine the procedural steps necessary for the progression of the parenting proceedings, including the filing of amended applications and affidavits by both parties. Furthermore, the court considered the intervention of the Secretary of the NSW Department of Family and Community Services in the proceedings.

Hannam J ordered that the mother file and serve an Amended Application and a consolidated affidavit detailing the orders sought and the material in support, with particular attention to the practical implementation of the proposed orders. The father was similarly directed to file and serve an Amended Response and consolidated affidavit. The court also ordered the mother to file an outline of case. Crucially, pursuant to section 91B of the *Family Law Act 1975* (Cth), the Secretary of the NSW Department of Family and Community Services was requested to intervene, with leave granted for the Secretary to inspect and copy court documents. The proceedings were listed for an undefended hearing on 11 December 2017, with a condition that if the mother failed to comply with the filing orders, the hearing would be vacated and consideration given to discharging the Independent Children’s Lawyer.