STAPLETON & BRYANT

In the Federal Circuit Court, Justice Cronin considered various interim applications concerning a 12-year-old girl who has been involved in litigation throughout her life. The dispute involved the father's contravention application against the mother, which had been dismissed, and the mother's denial of contact between the child and the father. An earlier order for a family report by a private practitioner had not been fulfilled, leading the father to seek a different order. The father also sought the discharge of the Independent Children's Lawyer, alleging pre-judgment and a lack of impartiality, which was unsuccessful.

The court was required to determine the merits of the father's various applications for contact with the child, including contact with his parents, and the mother's interim applications. Additionally, the court needed to address the ongoing role of the Independent Children's Lawyer and the procedural steps necessary to bring the matter to a final hearing, given the history of litigation and the lack of evidence supporting the interim orders sought.

Justice Cronin dismissed the father's applications for contact and the mother's interim applications, finding that they were not supported by sufficient evidence to justify making such orders at this stage. The court emphasised the need for a final hearing to resolve the long-standing issues. To facilitate this, the court ordered that all extant applications for final orders be listed for a first-day hearing before Justice Thornton on 10 June 2016. The parties were directed to provide lists of medical practitioners they and the child had attended since April 2011, and to file amended applications and responses precisely detailing the orders sought at trial. Further directions were given for the filing of a summary of disputed issues, including the Independent Children's Lawyer's views, and for parties to consider negotiation or mediation. The court also mandated that legal practitioners present a statement of costs incurred and expected at the first day of hearing.