Duke-Randall & Randall

The Family Court of Australia considered an application by the mother, Ms Duke-Randall, for an adjournment of proceedings concerning the immunisation of her two children, J and L, born in 2002 and 2004 respectively. The father, Mr Randall, sought to be discharged from undertakings restraining him from immunising the children and sought liberty to proceed with their vaccination. The proceedings had a lengthy history, commencing in 2011, with interim orders made in 2012 allocating the father sole parental responsibility and the children to live with him.

The primary legal issues before the Court were whether the proceedings should be adjourned, considering the history of the litigation and the best interests of the children, and whether it was in the children's best interests to be immunised or remain unimmunised, given the unchallenged evidence of a single expert immunologist and no evidence of harm from immunisation. The mother sought to introduce further expert evidence and appeal previous decisions, which formed the basis of her adjournment application.

The Court dismissed the mother's application for an adjournment, finding that she had been afforded sufficient opportunity to prepare her case over a considerable period. The Court noted the prejudice to all parties if the proceedings were further delayed. Regarding the immunisation issue, the Court considered the unchallenged evidence of the single expert immunologist and the absence of any evidence suggesting risk of harm to the children from being immunised. The Court applied the principles concerning the best interests of the children as paramount in parenting matters.

The Court ordered that the father be discharged from any undertakings restraining him from immunising the children and that any existing court orders to that effect be discharged. The father was granted liberty to immunise the children in accordance with the recommendations of the single expert or their treating general practitioner after consultation with the expert or another specialist.