Cousins and Chapman

The matter of *Cousins and Chapman* concerned an application by the father, which the court ultimately dismissed. The proceedings involved the mother, the father, and an Independent Children’s Lawyer, with a focus on the welfare of a child, N. The court made orders regarding the filing of affidavits, the provision of transcripts, and the role of the Independent Children’s Lawyer in obtaining evidence.

The court was required to determine the disposition of the father's application and to manage the evidence-gathering process to ensure the child's best interests were paramount. Key issues included the timing of affidavit filings, the accessibility of previous evidence, and the preparation of updated reports and evidence from an expert, Ms J.

The court's reasoning, as evidenced by the orders, prioritised the timely and comprehensive presentation of information relevant to the child's circumstances. The dismissal of the father's application suggests it was either premature or lacked sufficient grounds at that stage. The court directed the obtaining of transcripts at its expense, indicating a commitment to ensuring all parties had access to the full evidentiary record. Furthermore, the court mandated specific actions by the Independent Children’s Lawyer to secure an updated report and a summary of evidence from Ms J, setting strict deadlines to facilitate the efficient progression of the case.

The orders made by the court included the dismissal of the father’s application filed on 1 June 2011. The time for filing and serving updated Rule 15 Affidavits by both parents was extended to 4.00 pm on 9 June 2011. The court also ordered that transcripts of evidence from January 2011 be obtained and provided to the parties and the Independent Children’s Lawyer at the court’s expense. Finally, the Independent Children’s Lawyer was directed to use best endeavours to ensure Ms J completed interviews and secured a report or summary of her evidence by 10.00 am on 15 June 2011, with an expectation that Ms J would be available to give evidence by 21 June 2011.