HAYKAL & KRAWIEC

This matter came before Johnston J in the Family Court of Australia concerning interim parenting proceedings. The father had made several applications, including for the disqualification of Johnston J from further hearing the applications, for the discharge of the Independent Children’s Lawyer, and for a stay of orders relating to the preparation of a family report. The mother had also filed written submissions and a note of material to be relied upon.

The primary legal issues before the Court were whether to grant the father's applications for Johnston J's disqualification and for the discharge of the Independent Children’s Lawyer, and whether to grant a stay of the orders for the preparation of a family report. The Court also considered applications for leave to inspect documents produced on subpoena and for the issuance of further subpoenas.

Johnston J dismissed the father's application for disqualification, finding no basis for such an order. Similarly, the application to discharge the Independent Children’s Lawyer was dismissed. The father's application for a stay of the orders concerning the family report was also dismissed, with the Court noting the father's appeal against the original order and his intention to have a similar report prepared by a psychologist of his choosing. The Court granted leave for parties to inspect documents produced by the New South Wales Police and School 2, and for the father to issue subpoenas to the child’s general practitioner and the Department of Immigration. The mother withdrew her objection to the father inspecting material produced by X Security.

The Court adjourned the interim parenting proceedings to 15 August 2014. Until that date, all orders for time to be spent and communication between the child, N, and her father were suspended.