Russell and Withers & Anor (No 3)

In *Russell and Withers & Anor (No 3)*, Gill J considered applications by the Mother and the Independent Children's Lawyer (ICL) concerning interim orders in family law proceedings. The dispute involved the management and presentation of evidence, particularly affidavits and annexed documents, and the applicability of the rules of evidence.

The court was required to determine whether to grant the interim orders sought by the Mother, whether to make the order sought by the ICL, and whether the rules of evidence should apply to the proceedings. Additionally, the court needed to establish directions for the filing and service of affidavits and annexed documents by the parties, and the potential preparation of an updated family report.

Gill J dismissed the interim orders sought by the Mother, instead making the order sought by the ICL. The court discharged the order that the rules of evidence apply to these proceedings, indicating a departure from strict evidentiary rules in favour of a more flexible approach suitable for family law matters. Directions were issued for the Mother and Ms Russell Snr to file a consolidated affidavit with an indexed and paginated annexure of documents by 30 September 2020, and for the Father to file a similar consolidated affidavit by 28 October 2020. The Mother and Ms Russell Snr were permitted to file an affidavit in reply to fresh issues arising from the Father's material by 11 November 2020. The court also directed that no further material be filed without leave and that an updated family report be prepared if the Family Consultant could accommodate face-to-face interviews and observations of the children prior to the final hearing.