Jackey and Lyone

This matter concerned a dispute between Jackey and Lyone, heard by Barry J in the Family Court of Australia. The proceedings involved the admission of evidence and the preparation of a family report concerning a child born in December 2002.

The court was required to determine whether to dispense with certain provisions of the Evidence Act 1995 (Cth) to allow all material before the court to be admitted as evidence, considering the aims of the Less Adversarial Trials Program. Additionally, the court needed to make orders regarding the preparation of a family report by a Family Consultant, including authorising the report writer to inspect documents produced by subpoena and to travel to the Sunshine Coast for the report's preparation. The court also had to establish interim parenting arrangements for the child.

Barry J dispensed with the provisions of the Evidence Act pursuant to section 190(3)(b) of that Act, having regard to the matters specified in section 190(4) and the objectives of the Less Adversarial Trials Program. The court ordered that a Family Report be prepared by a nominated Family Consultant, granting the report writer leave to inspect subpoenaed documents and to travel for the report's preparation. The parties were directed to ensure the child's attendance at all necessary appointments. The court also made interim orders by consent regarding the father's time with the child on a week-about basis, including specific arrangements for school holidays, and directed that these consent orders be recorded. The matter was adjourned for continuation.