Miller and Butler

This matter concerned orders made by Benjamin J in the Family Court of Australia. The proceedings involved the father and the mother, and the dispute related to parenting orders concerning their child. The court was required to make final orders, including specific amendments to existing orders and directions regarding the court file and exhibits.

The court was asked to determine the final terms of parenting orders, specifically amending an existing order to restrain the father from attending the child's school. The court also needed to consider the particulars of the obligations and consequences of contravening these orders, as well as the arrangements for the removal of the matter from the court's active list. Further, the court was to make directions concerning the retention and eventual return or destruction of evidence, and the discharge of the Independent Children's Lawyer.

Benjamin J made several orders, including a variation to an existing order to prevent the father from attending the child's school. The court also ordered that the particulars of obligations and consequences of contravention be set out in a fact sheet attached to the orders, and that the matter be removed from the list of cases requiring determination. Directions were given for a transcript of the mother's evidence and certain exhibits to be placed on the court file, and for a copy of the reasons for the orders to be retained. The appointment of the Independent Children's Lawyer was to be discharged after 28 days, and remaining exhibits were to be returned or destroyed two months after the date of the order. The court certified that it was reasonable to engage counsel. It was noted that the father did not appear when called on 17 May 2011.