Davidson and Cox

In the matter of Davidson and Cox, heard by Judge Baker, the dispute concerned parenting arrangements for a child. The court was required to determine the extent to which its orders regarding the child's time with the applicant and the method of collection from school should prevail over an Interim Family Violence Order made in the Magistrates Court of Tasmania.

The central legal issue was the potential inconsistency between the Family Law Act 1975 proceedings and the existing Interim Family Violence Order. Specifically, the court had to consider the implications of its own orders, which permitted the applicant to spend time with the child and arrange for collection from a particular school, against the prohibitions contained within the Interim Family Violence Order regarding contact with the child and proximity to the school.

Judge Baker reasoned that pursuant to s.68P of the Family Law Act 1975, the court's orders would prevail over any inconsistent provisions in the Interim Family Violence Order. The court explicitly found that its orders were inconsistent with specific provisions of the Interim Family Violence Order, including those prohibiting the applicant from approaching, spending time with, or communicating with the child, and those relating to the collection of the child from the specified primary school. The court also noted its obligations under ss.65DA(2) and 62B of the Family Law Act 1975 regarding the particulars of obligations and consequences of contravention.

The court ordered that the matter be adjourned for mention, that the child be independently represented pursuant to s.68L(2) of the Family Law Act 1975, and that the Independent Children’s Lawyer file a Notice of Address for Service. Both parties were directed to provide all relevant documents to the Independent Children’s Lawyer within 48 hours of notification of their appointment. Crucially, the court declared that its orders would prevail over the Interim Family Violence Order to the extent of any inconsistency, rendering the Interim Family Violence Order invalid to that extent.