Pembroke and Heron

In the matter of Pembroke and Heron, Johnston J of the Family Court of Australia considered a dispute concerning the parenting of a child, B. The proceedings involved the child's mother and father, with the court making orders for the appointment of an Independent Child Lawyer and the expedited hearing of substantive parenting proceedings.

The court was required to determine a range of interlocutory matters to facilitate the resolution of the parenting dispute. These included the appointment of legal representation for the child, the provision of relevant documents to the Director of Legal Aid, the preparation of an updated expert's report, and the scheduling of the substantive hearing. Crucially, the court also had to consider the immediate arrangements for the child's contact with his father and the display of photographs of the father at the child's residence.

Johnston J applied principles relating to the best interests of the child in making a series of orders. The court suspended all time and contact between the child and his father pending the expedited trial, reflecting a significant concern for the child's welfare. By consent, orders were made regarding the sharing of expert fees and access to reports. The court also directed that the substantive parenting proceedings be listed for a Less Adversarial Trial as soon as possible after a specified date, before a judge other than Johnston J or Rees J.