Munro and Simpson

In the Family Court of Australia, Mr Munro (applicant) and Ms Simpson (respondent) were involved in parenting proceedings concerning their three children. The dispute centred on the preparation and delivery of an updated private expert report commissioned by the parents, which contained apparent irregularities. This led to an application for a family report to be ordered pursuant to section 62G of the *Family Law Act 1975* (Cth), which was opposed by the father.

The court was required to determine whether to order a further family report under section 62G of the *Family Law Act 1975* (Cth), despite the father's objection, and to consider the implications of an apparent irregularity in a private expert's updated report. The court also needed to address the children's best interests in light of the conflicting expert evidence and the parental conflict.

Justice Bennett reasoned that while she had reservations about the private psychologist's explanation for altering her report, she made no finding of unsatisfactory conduct that would impugn her expertise. However, the court was satisfied that the mother's confidence in the psychologist's impartiality had been genuinely shaken, making it difficult to proceed without a thorough testing of that evidence. The court considered that it was in the children's best interests to have a further report prepared by a court-appointed family consultant, rather than proceeding to a hearing with potentially unreliable expert evidence. This report would be at no cost to the parties.

The court ordered that a full family report be prepared by a Family Consultant nominated by the Director of Child Dispute Services. The report was to address specific matters including the children's views, the factors set out in section 60CC of the *Family Law Act 1975* (Cth), the impact of parental conflict on the children, and the parents' capacity to cooperate. The matter was listed for mention on 26 March 2013 for directions for trial, with provisions for an adjournment if a round table conference was convened.