Banks and Wallace

This matter concerned an application before Carew J in the Family Court of Australia. The proceedings involved the parents of a child, C, born in 2008, and the Independent Children’s Lawyer. The dispute centred on arrangements for the child, including parental contact and the disclosure of sensitive information.

The court was required to determine several issues, including the terms of interim orders regarding parental contact, the supervision of that contact, and the allocation of costs for supervision. Further, the court needed to establish a timetable for the preparation of the matter for a final hearing, including the filing of evidence, the engagement of experts, and the preparation of case summaries. The court also considered orders to restrain the parents from discussing adult issues or allegations of abuse with the child.

Carew J made orders by consent, suspending certain previous orders and imposing interim restraints on the parents discussing adult issues or allegations of abuse with the child. The court ordered that the parents attend upon a family report preparer and ensure the child's attendance. Specific arrangements were made for the father to spend time with the child, to be supervised, with the father to bear the initial costs of supervision, subject to a right to seek contribution at the final hearing. The court then set a three-day trial date and established a detailed timetable for the filing and service of affidavits, expert evidence, and case summaries, with provisions for applications to modify directions and for urgent relisting if the matter was not ready for trial.