Department of Family and Community Service and Hampton & Anor; and; Hampton and Heath & Anor (No 2)

This matter concerned proceedings before Hannam J in the Federal Circuit Court of Australia. The parties involved were the Department of Family and Community Services, and two individuals identified as Hampton and Heath, along with their respective legal representatives and an Independent Children's Lawyer. The core of the dispute, as indicated by the orders made, related to parenting arrangements and the need for evidence concerning substance abuse.

The court was required to determine directions for the conduct of the proceedings, including the scheduling of hearings, the filing and service of evidence and applications, and the management of related court proceedings. Specific issues addressed included the process for obtaining court records of criminal and apprehended violence order proceedings, the issuance and return of subpoenas, and the preparation of joint documents such as a chronology and statement of issues. Furthermore, the court had to make orders regarding substance abuse testing for the applicant mother and respondent father, Mr. Heath, and consider the implications of funding limitations for such testing.

Hannam J vacated the previously scheduled hearing dates and directed the matter to be relisted for a further five days, emphasizing the need for parties to comply strictly with filing directions to avoid trial vacation. The court outlined detailed requirements for the filing of evidence, including consolidated affidavits and individual witness affidavits, and mandated the joint preparation of a parenting chronology and statement of issues. Crucially, the court ordered that both the applicant mother and Mr. Heath undergo substance abuse testing, with specific protocols for urinalysis and potential hair follicle testing, noting Mr. Heath's non-consent to these orders. The Independent Children's Lawyer was given broad liberty to relist the matter if necessary.