Connor and Hulett (No 2)

This matter came before Murphy J of the Family Court of Australia concerning a dispute between the father and mother regarding their child, B. The proceedings involved the discharge of a previously appointed Case Guardian and the listing of the final hearing for a part-heard matter.

The court was required to determine the procedural steps necessary for the recommencement of the final hearing, including the concurrent evidence of expert witnesses and the Independent Children's Lawyer's role in facilitating this. Further issues included the father's obligation to set out his proposed orders, the Independent Children's Lawyer's role in proposing directions for the hearing, and the publication of expert reports and court reasons to specific individuals. The court also considered the father's authority for certain experts to discuss issues and the preparation of updated expert reports.

Murphy J reasoned that the existing Case Guardian appointment was no longer necessary and ordered its discharge. The court then set a date for the recommencement of the final hearing, emphasizing the importance of concurrent expert evidence and the availability of the court to accommodate expert schedules. Directions were given for the father to file proposed orders and for the Independent Children's Lawyer to provide a list of necessary directions. The court also made specific orders regarding the publication of expert reports and the father's provision of authority for expert discussions. Provisions were made for updated reports from Dr K and Family Consultant Mr P, including the parties' obligations to facilitate these reports and the child's attendance. The court also granted leave for the Independent Children's Lawyer to issue subpoenas and for parties to rely on specific affidavits.

The court ordered the discharge of the Case Guardian and listed the final hearing to recommence on 14 March 2011. Further orders detailed the process for filing proposed orders, obtaining updated expert reports, and the father's ability to rely on existing and updated affidavits.