Sinclair-Small and Sinclair (No. 2)

In *Sinclair-Small and Sinclair (No. 2)*, Dawe J of the Family Court of Australia considered an application concerning the welfare of infant children, S and B. The proceedings involved disputes between the parents, the husband and wife, regarding the children.

The primary legal issues before the court were whether the infant children should be separately represented, and if so, how that representation should be urgently arranged. The court also had to determine the future conduct of the interim proceedings and the final hearing, including the vacation of a listing date and the referral of the matter for preparation for final hearing.

Dawe J ordered that the infant children, S and B, be separately represented, with the Legal Service Commission of South Australia tasked with arranging this representation urgently. To facilitate this, both parties were directed to provide the Commission with copies of all documents they had filed in the proceedings within seven days. The court dismissed the interim proceedings, leaving further applications to be made by the Independent Children’s Lawyer and otherwise for the matter to be prepared for final hearing. The listing date before the Registrar on 9 December 2008 was vacated, and the final application was referred to a Docket Registrar for preparation. Leave was also granted to the husband to amend his Application for final orders.