HAHN & CARVER

In the matter of *Hahn & Carver*, Berman J of the Family Court of Australia considered a dispute concerning children. Interim orders had previously been made preventing the mother from taking the child overseas. Subsequent to these orders, the father was charged with serious assaults against the wife, with the criminal proceedings likely to be determined in an overseas jurisdiction. The father contended that he might be prejudiced in these criminal proceedings if he were required to give evidence at the final hearing of the family law matter, which was scheduled to occur after the resolution of the criminal proceedings.

The court was required to determine directions for the filing of material in preparation for the final hearing, taking into account the ongoing overseas criminal proceedings against the father and the potential prejudice to him. Additionally, the court considered the need for a further Family Report, given the complex interplay of factors including the child's age, relationship with parents, the impact of the interim orders, and the fact that the child would not be spending time with the father.

Berman J directed the parties to file amended applications and responses precisely setting out the orders sought, along with new affidavits of evidence in chief, noting that affidavits from previous hearings could not be relied upon. The court also ordered the Independent Children's Lawyer to file any affidavit material relied upon. Crucially, the court directed the parties to attend upon a Family Consultant for the preparation of an update or addendum to an earlier report, to be shared at the parties' joint cost. The court further made provisions for the determination of objections to evidence and for the electronic filing of concise orders, lists of evidence to be read, objections, and summaries of argument.