Lewis & Dyer

In proceedings before Cronin J, the dispute concerned applications relating to the welfare of a child. The parties involved included the mother, the father, the Independent Children's Lawyer, and the Director of the Department of Community Services (New South Wales).

The court was required to determine several matters, including the continued representation of the mother by her solicitor, the need for a psychiatric assessment of the mother, and the reasons for the cessation of appointments between a Dr R and the child J. Furthermore, the court considered the intervention of the Director of the Department of Community Services in the proceedings and the provision of court materials to assist in that determination.

Cronin J made a series of orders addressing these issues. The court adjourned outstanding applications, requiring the mother's solicitor to confirm their retainer or file a notice of ceasing to act. A psychiatric assessment of the mother was ordered, with the Legal Commission (New South Wales) requested to meet the costs, and the Independent Children's Lawyer directed to provide relevant materials to the assessing psychiatrist. The court also sought an explanation from Dr R regarding the lack of further appointments with the child J. Crucially, the Director of the Department of Community Services was requested to intervene in the proceedings pursuant to s 91B of the Family Law Act 1975 (Cth), with the Registry Manager authorised to permit inspection and copying of the court file to facilitate this. The court also made provisions for the service of orders, the attendance of parties and the family consultant at future hearings, and reserved costs for the father.