Fiato and Chimin

In the matter of *Fiato and Chimin*, Hogan J of the Family Court of Australia considered an application by the respondent mother, Ms Fiato, for leave to re-open proceedings to adduce further evidence. The dispute concerned final orders to be made in the proceedings.

The primary legal issue before the court was whether to grant the respondent mother leave to adduce specific further evidence. The court was also required to consider the procedural steps necessary for the admission and consideration of this evidence, including the filing of written submissions by the parties regarding its impact on the determination of final orders.

Hogan J granted the mother leave to adduce the specified evidence, which was detailed in her affidavits and an exhibit. The court directed that legal representatives for the mother file written submissions by a specified date on how the admitted evidence should be considered in the determination of final orders, with subsequent limited reply submissions permitted from the father and the Independent Children's Lawyer. The court also made interim orders for the parties to attend in person to receive judgment, and for the child, B, to be brought to Child Dispute Services to remain in the court's care until the final orders were explained. Furthermore, pursuant to s 65L of the *Family Law Act 1975* (Cth), a Family Consultant was directed to explain the terms of the forthcoming orders and the reasons for judgment to the child in an age-appropriate manner. The court also incorporated particulars of obligations, consequences of contravention, and sources of assistance into the orders, pursuant to ss 65DA(2) and 62B of the *Family Law Act 1975* (Cth).