Newett & Newett (No. 2)

In *Newett & Newett (No. 2)*, Baumann J of the Family Court of Australia considered an Application in a Case filed by the mother. The mother sought various orders, including stays of proceedings, a change of residence for the children, the disqualification of the father's solicitor from acting in the proceedings, and the transfer of the matter to another court registry. The father was the applicant, and the mother was the first respondent, with an Independent Children's Lawyer also involved.

The primary legal issues before the Court were whether to grant the requested stays, transfer the proceedings to another registry, and whether to grant orders for telephone time between the children and their mother and maternal grandmother. The Court was also required to determine the procedural steps necessary for the final hearing of the matter, including the appointment of a Family Consultant to prepare a report.

Baumann J dismissed the mother's applications for stays and transfer of the proceedings, finding that these were triable issues that could not be determined on an interim basis. The Court noted the extensive and often disputed history between the parties, including allegations of domestic violence, psychiatric concerns, and differing accounts of events. The Court acknowledged the children's expressed wishes to live with their mother but emphasised that this was only one factor to be considered in determining their best interests. The Court ordered that a Family Consultant be appointed to prepare a report, with specific directions regarding the content of the report, including opinions on interventions to assist cooperative parenting and dispute resolution. The Court also made orders for supervised telephone contact between the children and their mother and maternal grandmother.

The Court set the matter down for a final hearing in September 2021 and made detailed directions regarding the filing of affidavits, case outlines, and the potential cross-examination of the family report writer. The Court also ordered that the children spend time communicating with the mother and maternal grandmother by telephone on specified days and times, under certain conditions, and that no party discuss the proceedings with the children.