Doyle and Rusedski (No 2)

This matter came before Johns J in the Family Court of Australia concerning a dispute between the applicant husband and the respondent wife regarding their child, B. The proceedings involved allegations made by the wife against the husband, which the husband denied.

The court was required to determine several issues, including the separate representation of the child B, the provision of documents to the Independent Children's Lawyer (ICL), the suspension of a prior court order, and the terms of supervised time the child would spend with the husband. The court also addressed the husband's application and the filing of further affidavits by both parties, with a view to adjourning outstanding interim parenting applications.

Johns J ordered that the child B be separately represented by an ICL, with Victoria Legal Aid requested to arrange this and, if practicable, reappoint Mr Piekarski. The court mandated that both parties provide all relevant documents to the ICL within 48 hours of their appointment, including court orders, expert reports, and judgments. Furthermore, each party was required to provide written authority for the ICL to liaise with report writers, health professionals, schools, and caregivers. The court also suspended a prior order and, based on personal undertakings from Ms D and Ms S, made specific orders for supervised time between the child and the husband on particular dates in June 2014, noting this was to ensure the child's relationship with the husband while pending further investigation of the wife's allegations. The husband's application was dismissed, and directions were given for the filing of further affidavits and the adjournment of interim parenting applications. The court also included particulars of obligations and consequences for contravention of the orders.