J and B

This matter came before Bell J of the Family Court of Australia concerning parenting orders for the children of the parties, identified as J and B. The dispute involved the father's application for new parenting orders, which the mother opposed. The court was required to determine whether to hear the father's application, considering issues of estoppel by judgment and the admissibility of certain evidence.

The court was tasked with determining whether an issue estoppel operated to prevent the father's application from being heard, given previous judgments. It also had to consider the admissibility and relevance of academic and social science literature presented by the self-represented mother, and whether a significant change in circumstances warranted a departure from previous findings. The court also had to address the mother's request for a "next of friend" and the appropriate role of any assistant.

Bell J reasoned that while the principle of issue estoppel exists, it should not preclude the hearing of the father's application due to significant changes in circumstances since the previous judgments. These changes included the children being older, more mature, and potentially equipped with defensive skills, the father's re-partnering with a supportive individual, and the mother's mental health. The court also held that academic and social science literature, while informative for the Court of Family generally, could not be admitted as evidence or law in these proceedings, as they were not conducted under the Less Adversarial Trial regime. The court refused the mother's request for a "next of friend" but clarified the role of a McKenzie friend or assistant for clerk-like activities, emphasizing that such an assistant could not provide legal advice.

The court made orders that the children were to live with the Father from 10:00 am on 19 March 2007. The Mother was to spend time with the children through supervised contact at a contact centre for six months, followed by unsupervised time as agreed or as detailed in the orders. The orders also included provisions regarding communication between the Mother and children, financial contributions towards counselling and accommodation, decision-making responsibilities for the children's welfare, and information sharing between the parents. Furthermore, neither party was permitted to file an application concerning parenting orders for at least twelve months without leave of the Court.