Jackson and Deepe (No 2)

In *Jackson & Deepe (No 2)* [2009] FamCA 956, Barry J of the Family Court of Australia considered applications concerning children and the procedural management of related proceedings. The dispute involved Mr Jackson, the applicant, and the mother of the children, with the Independent Children's Lawyer also participating. The court was asked to determine whether to join two separate trials, which were scheduled to be heard consecutively, and to make interim orders regarding the children's time with their father, given the mother's contention for no final contact.

The primary legal issues before the court were whether the two trials should be formally joined for hearing, and whether interim orders for time with the father should be made. The court was also required to consider the best interests of the children in relation to the commencement of contact arrangements that might not be sustained.

Barry J determined that the trials, while to be heard back-to-back, should not be formally joined. The court reasoned that it was not in the children's best interests to commence time with the father on an interim basis if such contact was unlikely to continue on a final basis. The court also designated the matter as "Magellan" and set a case management review and trial directions hearing for 17 November 2009, with the trial itself scheduled for two days commencing 12 April 2010. Leave was granted to the Independent Children's Lawyer to issue subpoenas, with specific provisions for inspection of documentation.