Wagstaff and Wagstaff (No.2)

In *Wagstaff and Wagstaff (No.2)*, the parties were engaged in proceedings concerning the care of their children. The court, presided over by Judge Mercuri, was tasked with making directions and orders to facilitate the resolution of these matters.

The primary legal issues before the court involved the requirement for the parties to engage in family dispute resolution concerning the children's care and related personal and interpersonal issues, as mandated by section 13C(1)(b) of the *Family Law Act 1975* (Cth). Additionally, the court needed to address procedural matters, including the filing and service of an amended initiating application and a response, and to ensure the parties understood the particulars of their obligations and the potential consequences of contravention under section 65DA(2) of the *Family Law Act 1975* (Cth).

The court reasoned that family dispute resolution was a necessary step to attempt to resolve the parties' issues regarding the children's care. The orders stipulated that both parties were to actively participate in and bear the costs of this process, with the option of attending via telephone link. The court also made procedural orders for the exchange of pleadings and noted that the children would remain at their current residential address and enrolled in their current school. Furthermore, the court provided information regarding courses and services to assist with adjusting to the orders, and detailed provisions concerning family violence allegations, including restrictions on unrepresented parties cross-examining others and the availability of representation through the Commonwealth Family Violence and Cross-Examination of Parties Scheme. The court also reminded the parties of the confidentiality provisions under section 121 of the *Family Law Act 1975* (Cth).

The matter was adjourned for further directions, with specific timelines set for the family dispute resolution and the filing of amended applications and responses.