Fiato and Chimin (No. 2)

In proceedings before Hogan J, the mother sought leave to re-open proceedings to adduce further evidence contained within her affidavit filed on 29 January 2020. The dispute concerned the welfare of a child, B, born in 2013.

The primary legal issue before the court was whether the mother should be granted leave to re-open the proceedings to present additional evidence. The court was also required to determine the timing for the consideration of any objections to this affidavit and to make interim orders regarding the child's time with her father and her delivery into the mother's care.

Hogan J granted the mother leave to re-open the proceedings to adduce the further evidence. The matter was subsequently listed for further mention and the determination of any objections to the mother's affidavit. Interim orders were made by consent, providing for the child to spend time with her father on a specific date and for Child Dispute Services to deliver the child into the care of her mother at the conclusion of the proceedings.