HABERLAND & WARDLOW

This matter concerned the Federal Circuit Court of Australia and involved a dispute between a mother and a father regarding their three children, X (born 2012), Y (born 2015), and Z (born 2017). The proceedings were before Judge Young.

The court was required to determine interim arrangements for the children, including their holiday arrangements, and to address allegations of abuse. The court also needed to consider the disclosure of information from Territory Families and the role of an Independent Children's Lawyer.

By consent, the court ordered that the children spend the winter 2020 school holidays with the mother, with a specific changeover arrangement. The respondent was ordered to file and serve a Response, affidavit, and notice of risk. Crucially, the parties and children were ordered to attend a child-inclusive conference with a Family Consultant, who was to provide advice to the court on agreed issues, disputed issues, and recommendations for interim or procedural orders. The court also directed Territory Families to provide specific documents and information relating to any abuse allegations concerning the children, pursuant to section 69ZW of the Family Law Act 1975. Further, the court ordered that no subpoenas be served on Territory Families without leave and that the matter be adjourned for an interim hearing in relation to a recovery order. The court also made specific orders regarding the inspection and confidentiality of documents produced by Territory Families, and restrained legal representatives from providing copies of these documents to any other person without further order.