Tryon & Clutterbuck

The appeal concerned an order made by a Federal Magistrate requiring named persons, including children, to undergo parentage testing. The appellants challenged this order, which had been made on an oral application and without formal written request from either party.

The court was required to determine whether the Federal Magistrate gave adequate reasons for the parentage testing order, and whether those reasons had regard to all relevant material facts and circumstances. The court also considered whether an order for parentage testing under section 69W of the *Family Law Act 1975* constitutes a "parenting order" for the purposes of the Act.

Coleman J allowed the appeal, finding that the Federal Magistrate had provided inadequate reasons for the order or failed to consider certain material facts and circumstances. The court applied principles established in *Soulemezis v Dudley (Holdings) Pty Ltd* and relevant sections of the *Family Law Act 1975*, including sections 69W, 64B, 60CA, and 60CC.

The appeal was allowed, and the matter was remitted for rehearing by another Federal Magistrate. Each party was granted a costs certificate for the appeal and the rehearing, and an Independent Children’s Lawyer was to be appointed.