Feranti & Connor

In the matter of *Feranti & Connor*, Dawe J of the Family Court of Australia considered multiple applications made by the father. The proceedings involved a dispute concerning children, with the father seeking various orders including a recovery order, the transfer of the matter to a different registry, the removal of the Independent Children’s Lawyer, and an interview of the child by a judge.

The court was required to determine the merits of each of the father's applications. Specifically, it needed to assess whether the father had complied with previous court orders regarding service of documents, whether a transfer of the matter was warranted given a pending appeal, whether the Independent Children’s Lawyer should be removed, and whether a judicial interview with the child was appropriate and in the child's best interests.

Dawe J dismissed the father's application for a recovery order due to non-compliance with a prior order for service and the father's failure to appear or be contacted. The application for transfer of the matter was also dismissed, noting the existence of a pending appeal against a previous transfer order. Similarly, the application to remove the Independent Children’s Lawyer was dismissed, as the issues raised had been previously dealt with by the court and were also subject to a pending appeal. The application for the child to be interviewed by a judge was dismissed for lack of evidence demonstrating it would be appropriate or in the child's best interests, especially given the child's representation by an Independent Children’s Lawyer and prior consultation with a Family Consultant.

Given that the father was wholly unsuccessful in all his applications, failed to attend court, and his applications lacked merit, Dawe J ordered that the father pay the costs of the wife and the Independent Children’s Lawyer for both applications, with costs to be taxed according to the Family Law scale.