Fothering and Vintic

In the proceedings between Fothering and Vintic, heard by Bennett J, the dispute concerned family law matters involving a child, E. The court's orders indicate a need to address issues concerning the child's welfare and parental arrangements, with a specific focus on the mother's compliance and the child's engagement with family support services.

The court was required to determine the appropriate procedural steps to advance the final hearing of the matter, including the scheduling of the trial and the attendance of the parties and the child. Key issues included the assessment of the child and parent issues, the preparation of a family consultant's report, and the management of evidence filing deadlines for both the applicant father and the respondent mother. The court also considered the potential for proceedings to be treated as undefended in the event of non-compliance with evidence filing orders.

Bennett J ordered that the proceedings be referred to as Fothering & Vintic and that the trial, initially scheduled to commence on the day of the hearing, be vacated and relisted for final hearing on 31 May 2010. The mother was required to attend Melbourne for the trial, and liberty was reserved to arrange for the matter to be mentioned in the preceding week to ascertain its likelihood of being reached. Crucially, pursuant to section 11F of the *Family Law Act 1975*, the child E and her paternal aunt, C Fothering, were ordered to attend an appointment with a family consultant for a Child and Parent Issues Assessment on 4 May 2010. The family consultant was requested to prepare a written issues assessment for distribution to the parties and the court prior to the adjourned date. The court also made specific directions regarding the family consultant's discussions with the parties and the potential for cross-examination. Further orders extended the time for compliance with filing and serving amended applications and evidence for both parties, with provisions for the matter to proceed as undefended in the event of non-compliance. Costs of the independent children's lawyer and other previously reserved costs were also reserved for the final hearing.