CERNY & SEIDLER

In the matter of CERNY & SEIDLER, Loughnan J considered interim parenting arrangements for a young child about to commence school. The father sought increased time with the child, including block holiday time and weekday overnight stays. The mother had previously had contact with an appointed expert, raising concerns about bias in the expert report process. The father also sought interim costs orders.

The court was required to determine the appropriate interim parenting orders, considering the child's best interests in light of the impending commencement of school and the existing circumstances, which did not involve reported family violence. Additionally, the court had to address the procedure for obtaining an expert report, specifically the appointment of a new expert to avoid any perception of bias. Finally, the court needed to decide whether to grant the father's application for interim costs, including a request for a dollar-for-dollar order.

Regarding parenting, the court made consent orders for the father to have overnight time with the child on alternate weekends and during the week, commencing on specific dates. The court also ordered that the child attend sports commitments on Sunday mornings. The father's request for block holiday time was not granted at this interim stage. In relation to the expert report, the parties agreed to the appointment of a new expert to ensure the process was conducted without fear of bias. The father's application for interim costs was dismissed, as the court found no clear net pool of assets had been identified, and it was not appropriate to make orders requiring borrowing or a dollar-for-dollar arrangement given the conservative exercise of power under s 79 of the *Family Law Act 1975* (Cth).