DINH & WHELDON

This matter concerned an appeal by the mother against orders made by Justice Murphy on 7 December 2010, concerning the welfare of two children. The court was required to make interim orders pending the determination of the appeal.

The primary legal issues before the court were the appointment of an Independent Children's Lawyer and the terms of supervised contact between the father and the children. Specifically, the court needed to determine who would act as the Independent Children's Lawyer, what information that lawyer should convey to potential supervisors, and the conditions under which supervised contact would occur pending the appeal's resolution.

Justice Murphy ordered that Ms Chan be re-appointed as the Independent Children's Lawyer and directed her to assess the suitability of a list of individuals to supervise the father's contact with the children. The Independent Children's Lawyer was also instructed to clearly explain to each potential supervisor their obligations to the court, the nature of allegations made in prior proceedings, the court's findings, and the fact that an appeal was pending. The court varied its previous orders to allow the father supervised contact for a maximum of six hours each alternate Saturday, with specific changeover arrangements, until the Full Court delivered its decision on the mother's appeal. The father's application in a case filed on 25 November 2010 was dismissed.