Helm and Walenty

This case involved Ms Helm (Applicant) and Mr Walenty (Respondent) in proceedings before the Family Court of Australia concerning their child, B. The dispute centred on allegations of sexual abuse made by B against her father, Mr Walenty. These allegations had led to separate proceedings initiated by the Department of Human Services (DHS) in the Children's Court, which DHS elected not to join as a party to the Family Court proceedings. Ms Helm supported the DHS proceedings, while Mr Walenty sought that all matters, including the protection concerns, be determined by the Family Court.

The primary legal issue before the Court was how to manage the parallel proceedings concerning the child's welfare, particularly given the serious allegations of sexual abuse and the DHS's decision not to intervene in the Family Court. The Court was required to determine whether to proceed with the final hearing in the Family Court as scheduled, adjourn those proceedings pending the outcome of the Children's Court matter, or adopt an alternative case management approach. A further issue was the father's request for a psychosexual assessment and the mother's desire for the child to be interviewed by an independent lawyer.

The Court acknowledged the serious nature of the allegations and the ongoing proceedings in the Children's Court. However, it affirmed its willingness and capacity to hear and determine all parenting matters, including those involving protection concerns, as a Magellan matter. The Court noted that the DHS had declined to intervene and had requested an adjournment of the Family Court proceedings, but indicated that the final hearing date of 25 July 2011 would remain. The Court scheduled a review by telephone for 11 July 2011 to further manage the case in light of the Children's Court proceedings.

The Court ordered that the matter be listed for review by telephone on 11 July 2011 at 2:00 pm, and the final hearing was to commence on Monday, 25 July 2011, at 10:00 am.