Lexor and Lexor

The Family Court of Australia, in the matter of *Lexor & Lexor*, considered an application concerning parenting orders and allegations of systemic family violence. The proceedings originated in the Federal Magistrates Court (now Federal Circuit Court) in Adelaide, where initial injunctive orders were made. Subsequently, the matter was transferred to the Family Court of Australia in Sydney, and an order was made for the preparation of a family report under section 62G(2) of the *Family Law Act 1975* (Cth).

The central legal issues before the Family Court were whether the Federal Circuit Court possessed the power to order the preparation of a family report when transferring proceedings to another court, and if such an order was appropriate in the circumstances. The court was required to interpret the definition of "court" within the *Family Law Act* and consider the enforceability of orders made by one court in another, particularly following a transfer of proceedings.

Justice Watt determined that the order for the family report was validly made by the Federal Circuit Court at the time it was issued, as the court had jurisdiction under section 62G(2) of the Act. Furthermore, the order remained enforceable in the Family Court of Australia upon registration. However, upon reviewing the specific issues in dispute, including the mental status of the child and parties, allegations of extreme violence, and the impact of separation, the court found it more appropriate to discharge the order for a family report and instead order the preparation of a Chapter 15 expert report.