Kopek and George

In the matter of Kopek and George, the parties brought applications before Cronin J of the Federal Magistrates Court of Australia. The dispute concerned parenting arrangements for the children, J and D. The mother sought to withdraw her appeal, and the court was required to make orders regarding the existing applications and the future conduct of the proceedings.

The court was asked to determine the appropriate orders concerning the existing applications before the Federal Magistrates Court, the urgency of any interim parenting disputes, and the separate representation of the children. Specifically, the court needed to address the nature of previous interim orders, the transfer of applications for hearing, and the appointment of an Independent Children’s Lawyer.

Cronin J ordered that the mother's appeal be withdrawn by leave. The court varied previous orders made by the Magistrates Court at Bendigo to clarify they were interim only, pending further hearing by the Federal Magistrates Court. All extant applications were transferred for hearing before the Federal Magistrates Court at Bendigo, with a request for urgent attention to any interim parenting disputes. Crucially, pursuant to section 68L(2) of the *Family Law Act 1975*, the children J and D were to be separately represented, and Victoria Legal Aid was requested to arrange this. Further directions were given for the Independent Children’s Lawyer to file a Notice of Address for Service and for parties to provide relevant documents to the lawyer. The court also certified that it was reasonable to engage counsel.