Fabina & Manalo (No 3)

In the Family Court of Australia, Justice Morley made orders concerning proceedings between Mr Fabina (Applicant) and Ms Manalo (Respondent). The dispute involved parenting matters, and the court was asked to make orders regarding the appointment and conduct of a single expert witness.

The primary legal issue before the court was the appointment of a single expert witness to assist in determining the parenting arrangements for the child. The court was required to consider the terms of reference for the expert, the responsibility for the expert's fees, and the availability of the parties and the child for interviews.

Justice Morley ordered that Dr D, a clinical psychologist, be appointed as the single expert witness pursuant to rule 15.45 of the *Family Law Rules 2004* (Cth). The expert was to be provided with specific Terms of Reference. The Applicant Father was ordered to pay the expert's fees at first instance, with the Respondent Mother to be responsible for one half of these fees, to be paid as part of the final settlement or at an earlier time as determined by the Court. The Respondent Mother was also ordered to make herself and the child available for interview on specified dates, or as otherwise required by the expert. Finally, both parties were directed to provide a short minute of their final orders sought regarding parenting matters to the expert and each other by a specified date.