FINCH & BAKER

In the matter of FINCH & BAKER, Johns J of the Family Court of Australia made orders concerning the representation of a child and the conduct of proceedings. The dispute involved the interests of the child U, born in 2009, and the procedural steps to be taken in the proceedings.

The court was required to determine the need for independent representation of the child, the process for appointing such a representative, and the rights of that representative to access case materials. Further issues included the preparation of a Family Report, the suspension of existing orders, the dismissal of a specific application, and the management of interim applications and future hearings. The court also addressed the filing of a notice by the mother and the inclusion of particulars regarding obligations and consequences of contravening court orders.

Johns J ordered that the child U be independently represented by a lawyer, requesting Victoria Legal Aid to make arrangements for this appointment. Upon appointment, the Independent Children’s Lawyer was to file a Notice of Address for Service and be granted leave to inspect and copy materials already released by the Court. The parties were directed to provide copies of all relevant documents to the Independent Children’s Lawyer within 48 hours of notification of their appointment. The court also ordered the parties to attend upon a psychologist for the preparation of a Family Report, with costs to be shared equally, noting an existing appointment.

The court further ordered the suspension of a specific paragraph from previous orders dated 26 June 2014, and dismissed a part of the father’s Application in a Case filed on 12 September 2014. All extant interim applications were adjourned for hearing on 1 December 2014, and a directions hearing listed for 22 October 2014 was vacated. The mother was granted leave to file her Form 4 notice dated 19 September 2014. Finally, the court ordered that particulars of obligations, consequences of contravention, and assistance for compliance, as set out in an attached Fact Sheet, be included in the orders pursuant to sections 65DA(2) and 62B of the Family Law Act.