England & Harrisson (No. 2)

In the matter of England & Harrisson (No. 2), Ms England, the applicant mother, sought to have an affidavit reinstated as part of the Court file, following a previous decision by a Judge to strike it out. Mr Harrisson was the respondent father, and an Independent Children’s Lawyer was also involved. The application was heard by Baumann J in the Family Court of Australia.

The central legal issue before the court was whether the mother's application to reinstate the struck-out affidavit should be granted. This required the court to consider the implications of the prior decision to remove the affidavit from the court file and the appropriate procedural steps for its potential reintroduction.

Baumann J dismissed the mother's application. While the specific reasoning for the initial striking out of the affidavit is not detailed in the provided text, the dismissal of the mother's subsequent application indicates that the court found no grounds to overturn the previous decision or to permit the affidavit's reinstatement at that stage. The court also made several other orders concerning the father's release of documents, the mother's provision of interim orders to the child's daycare, and the filing of affidavits in reply, with costs reserved to trial.