HAWKINS & DUFFY (No.2)

In the matter of *Hawkins & Duffy (No.2)*, Judge Burchardt of the Family Court of Australia considered an application by the respondent mother to transfer the proceedings concerning the child X, born in 2008, to the Magellan List. The core of the dispute revolved around the existing spend time orders for the father and the appropriate arrangements for his contact with the child.

The primary legal issue before the court was whether the existing spend time orders should be suspended and, if so, what alternative arrangements for the father's time with the child were in the child's best interests. A further issue was whether the proceedings should be transferred to the Magellan List, a specialised list designed for complex cases involving allegations of child abuse or family violence.

Judge Burchardt reasoned that the circumstances warranted a suspension of the previous spend time orders. The court ordered that in lieu of the previous arrangements, the father's time with the child X would be supervised by Ms B or another person nominated by the Independent Children’s Lawyer. This supervised contact was to occur every Saturday between 12:00pm and 2:00pm in a public place nominated by the father.

Pursuant to section 39 of the *Federal Circuit Court of Australia Act 1999*, the court further ordered the transfer of the proceedings to the Magellan List at the Melbourne Registry of the Family Court of Australia. The matter was to be listed for a future date to be advised.