Danniell & Mounce

In the matter of *Danniell & Mounce*, heard before Altobelli J, the dispute concerned an application relating to the conduct of a final hearing in family law proceedings. The wife's solicitors had withdrawn from the record shortly before the scheduled final hearing, raising questions about the application of section 102NA of the *Family Law Act 1975* (Cth).

The court was required to determine whether the mandatory or discretionary provisions of section 102NA of the *Family Law Act 1975* should apply in the circumstances, particularly given the late withdrawal of the wife's legal representation. This section governs the circumstances under which parties may cross-examine each other in family law proceedings.

Altobelli J applied the discretionary provisions of section 102NA, acknowledging the unusual circumstances presented by the solicitors' withdrawal. The court ordered that the final hearing, initially listed for five days commencing 16 August 2021, be vacated and adjourned. The matter was relisted for a final hearing on 6 December 2021. Further orders included directions for the filing of Case Outlines by both parties, the urgent appointment of an Independent Children’s Lawyer, and specific provisions regarding the Independent Children’s Lawyer's access to documents and ability to issue subpoenas. Crucially, the court ordered that the respondent must not cross-examine the applicant personally, and any cross-examination must be conducted by a legal practitioner, reflecting the application of section 102NA(2). The respondent was also directed to complete a Scheme Application Form for the allocation of legal representation.