Department of Communities and Justice & Rodwell

The case of *Department of Communities and Justice & Rodwell* involved an application before Bennett J in the Federal Circuit Court of Australia concerning child abduction. The applicant, the Department of Communities and Justice, sought orders in relation to the return of children to Portugal, while the respondent, Mr Rodwell, and the Independent Children's Lawyer were also parties to the proceedings.

The court was required to determine several legal issues, including the consequences of administrative delay on the proceedings, the admissibility of evidence concerning the coronavirus pandemic in Portugal, and whether the application was subject to regulation 16(2) of the relevant family law rules. This involved considering whether the children were "settled" in Australia within the meaning of that regulation, particularly in light of the timing of the application relative to an alleged repudiation of an agreement for the children's return. The court also had to address the timing of cross-examination of parties and the availability of a family consultant.

Bennett J's reasoning and the principles applied are reflected in the detailed orders made. The court directed the applicant to specify any concessions regarding the pandemic's impact and agreed-upon evidence. It set strict deadlines for the respondent and the Independent Children's Lawyer to file amended responses, with specific attention to the "intolerable situation" exception and the application of regulation 16(2). The court also mandated the applicant to clarify its position on whether the children were settled if the application was found to be filed more than one year after the alleged repudiation. Further orders addressed the scheduling of cross-examinations and the availability of the family consultant, alongside an extension of time for the applicant's compliance with a previous order.