Letsos and Vakros (No 2)

In the Family Court of Australia, Mr Letsos (the father) and Ms Vakros (the mother) were involved in proceedings concerning their child. The dispute before the court concerned the appointment of a single expert to prepare a family report, following the father's withdrawal of confidence in the initially appointed expert, Dr R.

The court was required to determine whether to vacate the previous orders appointing Dr R and, if so, how to proceed with the preparation of a family report. Specifically, the court had to consider the father's lack of confidence in Dr R and the implications for the expert reporting process, as well as the need to ensure the matter was ready for a hearing in December 2012.

Justice Rees reasoned that the process of preparing a family report in children's proceedings necessitates trust and respect between the parties and the expert. Given the father's expressed lack of confidence in Dr R, the court vacated the previous orders appointing Dr R. The court then provided a two-stage process for appointing a new expert: first, an opportunity for the parties to agree on a different single expert within seven days, with a minute of orders to be filed if agreement was reached; and second, if no agreement was reached, a family report would be prepared by a Family Consultant nominated by the Director of Court Counselling. The matter was subsequently listed for a three-day hearing commencing on 3 December 2012.