Fenner and Ogg

The parties to this matter before the Family Court of Australia were Mr Ogg (the father) and Ms Fenner (the mother), with an Independent Children's Lawyer appointed to represent the interests of their two children, M and J. The dispute concerned parenting orders, with a history of contravention applications and allegations of abuse and denigration made by both parents against each other. The mother had sought to discharge existing orders and obtain sole parental responsibility, while the father was concerned about allegations made against him and a lack of contact with the children.

The court was required to determine the appropriate procedural steps to address the complex and intractable dispute between the parents, which involved serious allegations of physical and psychological abuse, and the children's welfare. Key issues included the need for psychiatric assessments of the parents, the preparation of a family report, and the scheduling of a final hearing to resolve the consolidated applications. The court also had to consider the financial implications of these assessments and the potential for sanctions through contravention applications versus a comprehensive determination of final parenting orders.

Justice Brown noted the significant history of the proceedings and the intractable nature of the dispute, which had led to contravention applications being consolidated with the applications for final orders. The court reasoned that while contravention applications could lead to sanctions, they would not resolve the underlying issues. Therefore, the court ordered that both parents undergo psychiatric assessments by a psychiatrist nominated by the Independent Children's Lawyer, with leave for the psychiatrist to inspect subpoenaed documents and the family report. A family report was to be prepared and released before a specified date, and the parties were to attend a trial notice listing with the Magellan Registrar. The court requested Victoria Legal Aid to fund the psychiatric assessments, with initial costs to be shared and final responsibility determined by the trial judge.