Duke-Randall and Randall

In the Family Court of Australia, the applicant, Ms Duke-Randall, sought leave to call several expert witnesses in proceedings against the respondent, Mr Randall. The central dispute concerned whether the subject children should be vaccinated, with the mother being strongly opposed to vaccination until certain tests were conducted by a Dr C. An existing Chapter 15 expert, Dr K, was already involved in the proceedings.

The court was required to determine whether to grant the mother leave to rely on the affidavits of proposed expert witnesses, including Dr L, Dr B, and Professor S, and to permit Dr C to conduct specific medical tests on the children. The court also needed to address the conditions under which these witnesses would give evidence, particularly regarding their availability for cross-examination, and to make orders concerning the costs of these experts and tests.

Justice Collier granted the mother leave to rely on the affidavits of Dr L, Dr B, and Professor S, subject to specific conditions. Dr L was to be available for cross-examination, while Dr B and Professor S were to be available in a manner approved by the father's legal representatives. The court permitted Dr C to conduct certain specified tests on the children, excluding food testing, with the mother bearing the initial costs. Dr C was ordered to provide a report on the test results, and Dr C and Dr K were to confer and prepare a joint statement. The court reserved the issue of the father's contribution to these costs for the Trial Judge.

The matter was listed for a seven-day hearing commencing on 2 December 2013 before Justice Hannam, with a trial readiness check scheduled for 14 November 2013. Liberty was granted to any party or the Independent Children's Lawyer to relist the matter on 72 hours' notice.