MILLER & COOPER

In the matter of *Miller & Cooper*, Berman J of the Family Court of Australia considered applications filed by both the father and the mother on 30 October 2015. The dispute concerned the welfare of a child, B, born in 2009, and specifically, the circumstances under which the child might undergo a forensic interview.

The central legal issues before the court were whether the applications filed by the parents should be dismissed, and whether the mother should be restrained from facilitating a forensic interview of the child without prior court leave. The court also had to determine whether the mother should be granted leave to reopen her case and rely on a specific affidavit, subject to potential cross-examination.

Berman J reasoned that the applications filed by both parties were to be dismissed. The court imposed a restraint on the mother, requiring her to provide fourteen days' notice before allowing the child to attend or facilitate any forensic interview, and mandating that such an interview could only proceed with the court's leave. Furthermore, the mother was granted leave to reopen her case and rely on her affidavit filed on 30 October 2015, with the express condition that she would be subject to cross-examination regarding its contents and any related matters.