CHOUDHARY & MCDONALD

In the matter of *Choudhary & McDonald*, heard before Macmillan J, the court considered several interlocutory applications in proceedings involving allegations of sexual and physical abuse against the father and emotional abuse against the mother. The applications concerned the application of the rules of evidence, the designation of the parties for the final hearing, and the appointment of a family consultant.

The primary legal issues before the court were whether exceptional circumstances warranted the application of the rules of evidence under section 69ZT(3) of the *Family Law Act 1975* (Cth), whether the mother should be treated as the applicant for the final hearing given the serious allegations she had made against the father, and whether a replacement family consultant should be appointed due to allegations of bias against the current consultant, who had previously prepared reports in the matter. The court also considered the principles outlined in section 69ZN of the Act and the potential impact on the children of appointing a new family consultant.

Macmillan J reasoned that the serious nature of the allegations constituted exceptional circumstances justifying the application of the rules of evidence. The court further ordered that the mother be treated as the applicant for the final hearing, acknowledging the significance of her allegations. Regarding the family consultant, while the mother's concerns were noted, the court ordered that the nominated family consultant prepare a new family report, to be completed within a specified timeframe, and granted the consultant liberty to inspect relevant court documents.