PRICE & ZELLON AND ORS

In the matter of Price & Zellon and Ors, Dessau J of the Family Court of Australia made orders concerning the representation of children and the conduct of proceedings. The dispute involved the parents and their three children, S, J, and R.

The court was required to determine various procedural and substantive matters, including the separate representation of the children, the appointment and role of an Independent Children’s Lawyer (ICL), the provision of documents to the ICL, the obtaining of updated psychiatric reports concerning the father, the inspection of medical records, the preparation of a Family Report, and variations to existing consent orders regarding child changeovers. The court also addressed the liberty of the ICL to issue subpoenas.

Dessau J applied provisions of the *Family Law Act 1975*, including sections 68L(2) and 62G. The court ordered that the children be separately represented and requested Victoria Legal Aid to arrange this, with the appointed ICL to file a Notice of Address for service. Solicitors for the parties were directed to provide relevant documents to the ICL within 48 hours of notification of appointment. The father was ordered to attend and cooperate with a psychiatrist for an updated report, the costs of which would be borne by the father subject to Legal Aid funding. Medical records of the father, provided under subpoena, were to be accessible to legal practitioners and the ICL for inspection and discussion with clients, but not for copying or possession. A Family Consultant was to prepare a Family Report concerning the entire family constellation, with access to the updated psychiatric report and subpoenaed materials. The court also varied a previous consent order regarding the changeover of R, specifying it to occur at the paternal grandmother's home.

The proceedings were adjourned for a continuation hearing, and the ICL was granted liberty to file and serve any necessary subpoenas.