SMITH & GARDNER (No.2)

This matter concerned parenting orders for a six-month-old child, [X]. The applicant father had initially sought urgent ex parte orders, some of which were granted, including restraining the child's removal from Australia and placing the child on the Family Law Watch List. Several interlocutory applications were before the court, including the applicant's objection to the respondent mother's representation by the Legal Aid Commission, objections to subpoenas issued by the applicant, and the respondent's application for the matter to be transferred to the Family Court of Australia and for sole parental responsibility for the child to be granted to her.

The court was required to determine the validity of the applicant's objection to the Legal Aid Commission's representation of the respondent, whether the subpoenas issued by the applicant were valid and should be set aside, and whether the proceedings should be transferred to the Family Court of Australia. Additionally, the court needed to consider the respondent's application for interim parenting orders, specifically regarding sole parental responsibility and the child's residence.

The court dismissed the applicant's objection to the Legal Aid Commission's representation, finding the allegations to be without foundation. The subpoenas issued by the applicant were set aside, with the court finding them defective and constituting an abuse of process. Consequently, the applicant was restrained from issuing any further subpoenas without leave of the court. The court also noted that the applicant's application to join his mother as an applicant was discontinued.

The court ordered that the child, [X], was to live with the respondent mother and that she was to have sole parental responsibility until further order. The matter was transferred to the Family Court of Australia at Sydney under section 39 of the Federal Circuit Court of Australia Act 1999, considering the length and complexity of the proceedings and the interests of the administration of justice. Applications for costs were to be made within twenty-eight days of the order.