Bain and Stewart (No. 5)

In the matter of *Bain and Stewart (No. 5)*, Justice Cronin of the Family Court of Australia considered applications concerning the welfare of a child. The proceedings involved the mother and father of the child, born in September 1997, and the Independent Children’s Lawyer.

The court was required to determine whether to suspend certain prior orders made by Senior Registrar FitzGibbon and by the court on 18 March 2008, and whether to impose a restraint on the mother's contact with the child. Further issues included the provision of the court's orders to specific individuals and institutions, the dismissal of extant applications, and the allocation of costs. The court also considered the inclusion of a Fact Sheet detailing obligations, consequences of contravention, and sources of assistance, pursuant to sections 65DA(2) and 62B of the relevant legislation.

Justice Cronin ordered the suspension of specific paragraphs from previous orders made on 27 November 2007 and 18 March 2008. Crucially, the mother was restrained from contacting the child by any means of communication until further order. The Independent Children’s Lawyer was directed to provide a copy of this order to Dr T and the Principal of P Primary School.

The court dismissed the application filed by the father on 26 July 2007 and the application filed by the mother on 19 November 2007. All other extant applications were adjourned for final hearing on 20 October 2008. Orders made on 26 June 2008 regarding case preparation were to continue. The parties' costs for the two dismissed applications were reserved for the final hearing. The court also ordered that particulars of obligations, consequences of contravention, and assistance details, as set out in an attached Fact Sheet, be included within the orders.