Kettle and Baker (No 2)

In *Kettle and Baker (No 2)*, Murphy J of the Family Court of Australia considered an application concerning the conduct of proceedings and the preparation of evidence. The dispute involved the father's request for assistance from a Mr B as a "silent McKenzie Friend" and the striking out of certain paragraphs of an application.

The court was required to determine whether Mr B should be permitted to act as a silent McKenzie Friend for the father. Additionally, the court had to consider the validity of various paragraphs within an application filed on 25 November 2010, and whether they should be dismissed or struck out. The court also needed to make directions regarding the preparation of the matter for a final hearing, including the inspection of documents produced by subpoena and the preparation of a psychiatric report.

Murphy J permitted Mr B to act as a silent McKenzie Friend for the father. The court dismissed paragraphs 3 and 8 of the application filed on 25 November 2010, and struck out paragraphs 2, 4, 5, 6, and 7 of the same application. The matter was set down for a five-day final hearing commencing in July 2011, with several interim directions hearings scheduled to prepare for the trial. Leave was granted for parties to inspect subpoenaed documents, with specific provisions for the Independent Children's Lawyer to copy them. The court also ordered a psychiatric report to be prepared by Dr G, outlining the scope of her inspection and consultation, and requesting her opinion on whether the child should be interviewed for the trial and by whom. The court noted the availability of interviews with Dr G and the anticipated timeline for her report.