Bardwell & Anor and Bardwell & Ors (No 2)

In the matter of *Bardwell & Anor and Bardwell & Ors (No 2)*, Bennett J of the Family Court of Australia considered parenting orders concerning the best interests of a child. The proceedings were significantly delayed due to the late release of a family report, a delay not attributable to the parties.

The court was required to determine whether the matter should proceed to a final hearing at that stage, given the circumstances. A further issue arose concerning the father's application to treat a witness as hostile, and the applicability of section 38 of the *Evidence Act 1995* (Cth) to the proceedings, particularly in light of section 69ZT of the *Family Law Act 1975* (Cth).

Bennett J reasoned that the best interests of the child necessitated a postponement of the final hearing. The court found that section 38 of the *Evidence Act* did not apply to these proceedings by virtue of section 69ZT of the *Family Law Act*, which governs the application of evidence rules in certain family law proceedings. The court therefore vacated the final hearing and ordered that the matter proceed as an interim parenting matter.

The court made several orders regarding the rescheduling of hearings, including vacating the final hearing set for 9 June 2020 and listing it as an interim parenting matter for 22 July 2020. A new final hearing was listed for 16 December 2020. Directions were also made concerning the preparation of court documents and extensions of time for compliance with previous orders.