Byrne & Ward

This matter concerned an urgent appeal by Mr Byrne (the applicant father) against an order made by the D City Magistrates’ Court on 30 June 2021. The appeal was brought before Bennett J in the Family Court of Australia. The father's lawyers indicated they had limited knowledge of the case.

The primary legal issues before the court were the determination of interim parenting arrangements for the child, X, and whether the existing recovery order made in the Magistrates' Court should be set aside. The court also considered the need for dispute resolution and the potential intervention of the Department of Families, Fairness, and Housing.

Bennett J ordered that times be abridged for the urgent hearing of the appeal. The father was ordered to deliver the child X to the mother on 2 July 2021, with the child to remain in the mother's care until further order or the adjourned date. The court adjourned the further hearing for interim parenting issues to 9 July 2021, estimating it would take 50 minutes. Directions were given for the filing and service of affidavit evidence by both parties. The parties were also ordered to attend a Family Dispute Resolution Conference as soon as practicable. Crucially, the Secretary of the Department of Human Services of the State of Victoria was requested to intervene pursuant to s 91B of the *Family Law Act 1975*, providing information known to the Department regarding the parents and the children. The hearing on the adjourned date was to be conducted electronically.