Newport and Newport & Newport & Anor

In the matter of *Newport and Newport & Anor*, Benjamin J of the Family Court of Australia made orders concerning the welfare of a child, C, born in 2010. The proceedings involved the child's maternal grandparents as applicants and the child's mother and father as respondents. The central dispute revolved around the living arrangements for the child.

The court was required to determine the primary residence of the child and to ensure the child's interests were independently represented. Further issues included the procedural steps necessary for the appointment and engagement of an Independent Children's Lawyer, the exchange of documents between parties and the Independent Children's Lawyer, and the transfer of the proceedings to a different court for an interim hearing. The court also directed the filing and service of material by the respondent parents and the provision of relevant documents to the Director of Child and Family Services Queensland.

Benjamin J ordered that the child C live with the maternal applicant grandparents until further order. The court also made detailed provisions for the appointment of an Independent Children's Lawyer, Ms Wendy Lehmann, to represent the child's interests, and directed that this lawyer be at liberty to access all filed documents. The proceedings were ordered to be transferred to the Federal Magistrates Court at Cairns for an interim hearing, with specific timelines set for the filing and service of material by the respondent parents and for the Independent Children's Lawyer to forward documents to the Director of Child and Family Services Queensland. The court certified that it was reasonable to engage counsel to attend the proceedings.