GISSING & CLYDE

The proceedings before Bennett J involved a dispute between the parties concerning the best interests of their children, C and D. The court's orders reflect an agreement reached by the parties, with the court's endorsement, regarding the children's welfare and the future conduct of the proceedings.

The central legal issues before the court were to determine the best interests of the children and to make appropriate interim parenting orders. This involved considering the need for independent representation of the children's interests and facilitating the gathering of information relevant to those interests.

Bennett J's reasoning, as evidenced by the consent orders, focused on ensuring the children's welfare through independent assessment and representation. The court ordered that an independent report be prepared by Mr B regarding the children's best interests, to be completed at the parties' equal cost. Crucially, pursuant to section 68L(2) of the *Family Law Act 1975*, the court ordered that the children's interests be independently represented by a lawyer, requesting Victoria Legal Aid to arrange this appointment. The independent children's lawyer was directed to make recommendations about interim parenting orders by the next court date and to liaise with the report writer and the father's treating psychologist. The court also noted the parties' agreement on interim living and contact arrangements for the children until the adjourned hearing.