Fadel and Jarrah

This case involved an application by Ms Fadel (the mother) and Mr Jarrah (the father) before Stevenson J of the Family Court of Australia. The proceedings were listed for a final hearing, but the father filed an Application in a Case seeking various orders, including vacating the hearing date due to the case not being ready, requesting an investigation into alleged stolen subpoenaed documents, seeking an expert report on an alleged assault of a child, and requesting the removal of the children to his care. The mother sought the dismissal of the father's application.

The court was required to determine whether to grant the father's application for an adjournment of the final hearing, and to consider the remaining orders sought in his Application in a Case. Specifically, the court had to assess the merits of the father's requests for an investigation into missing documents, the appointment of a psychologist to assess the mother for mental illness, the appointment of a psychologist to assess the children regarding an alleged assault, and the discharge of the Independent Children's Lawyer.

Stevenson J granted the father's application for an adjournment of the trial, rescheduling it for five days commencing 12 August 2013. However, the court dismissed the balance of the father's Application in a Case. The court reasoned that it had no power to investigate allegations of stolen documents, nor was it appropriate to refer such matters to the Attorney-General. Regarding the expert reports, the court found that the evidence presented by the father, including reports from Dr G, Ms L, and Mr H, fell far short of establishing that the child had been a victim of an assault, and that further examination of the children for this purpose raised concerns about their welfare. The court also found no additional material to justify discharging the Independent Children's Lawyer, noting that a previous application for this purpose had been dismissed. The court did, however, grant the father leave to file a formal application for the appointment of a psychologist to assess the mother, provided it was supported by an affidavit and listed appropriately.