Birkett and Birkett and Anor

In the matter of *Birkett and Birkett and Anor*, heard by Judge Neville, the dispute concerned an application by the Grandmother for orders relating to communication with her grandchildren, Y and X, and their parents.

The primary legal issue before the Court was whether to grant the Grandmother's application for orders concerning communication with the children, and if so, on what terms. The Court was required to consider the best interests of the children in determining the scope of any such orders.

Judge Neville reasoned that while it was in the children's best interests to receive birthday and Christmas cards from their Grandmother, and directed that such communication be passed on, the broader application for further orders was to be dismissed. This decision was made pursuant to section 17A of the *Federal Circuit Court of Australia Act 1999*.

Consequently, the Grandmother was permitted to send cards, but her application was otherwise dismissed. The Court ordered that each party bear their own costs, unless an application regarding costs was filed within 14 days of the orders being made.