Diacos & Gataki (No 2)

In the matter of MLC 11078 of 2020, Mr. Diacos (the applicant) and Ms. Gataki (the respondent) were before Judge O'Shannessy of the Federal Circuit Court of Australia. The proceedings concerned family law matters, with the court issuing orders on 27 May 2021.

The court was required to determine the future conduct of the proceedings, specifically whether they should be permitted to continue in accordance with the principles established in *Rice & Asplund*. This involved considering the appropriate procedural steps for the respondent to clearly articulate the final orders she sought and scheduling a hearing to address this threshold question.

In reaching its decision, the court directed the respondent to file and serve an amended response detailing her final orders by a specified date. The matter was then adjourned for an interim defended hearing to consider the *Rice & Asplund* principles. The court also provided important information regarding the implications of family violence allegations under section 102NA of the *Family Law Act 1975* (Cth), including restrictions on unrepresented parties cross-examining others and the availability of the Commonwealth Family Violence and Cross-Examination of Parties Scheme.