Kumar and Gupta (No. 2)

In the matter of *Kumar and Gupta (No. 2)*, Justice Le Poer Trench of the Family Court of Australia considered an application by the father for a stay of orders previously made by Justice Cohen on 26 September 2008. The dispute concerned the welfare and arrangements for a child born in August 2005.

The court was required to determine whether to grant the father's application for a stay of the existing orders. Additionally, the court addressed the need for independent representation for the child and the expedited appointment of an Independent Children's Lawyer, as well as the scope of evidence to be adduced by both parties concerning the child's care, supervision, and allegations of physical abuse.

Justice Le Poer Trench refused and dismissed the father's application for a stay of the previous orders. The court ordered that the child be independently represented pursuant to s 68L of the *Family Law Act 1975* (Cth), requesting the Legal Aid Commission of NSW to arrange this representation and to expedite the appointment of an Independent Children's Lawyer. Leave was granted to the Independent Children's Lawyer to issue subpoenas to test the evidence of the father, particularly regarding allegations of physical abuse. The court also directed the filing of specific affidavits by both the father and the mother addressing defined topics related to the child's care, supervision, and communication, with leave granted for parties to apply for additional topics. Pending further order, the father was permitted to spend time with the child at a specified contact centre on Tuesdays, Thursdays, and Fridays, with the costs of supervision to be borne by the father.