Waldlow and Malburon and Anor

The Full Court of the Family Court of Australia heard an appeal concerning orders relating to time spent between a child and their maternal grandmother. During the appeal hearing, it became apparent that the specific orders sought by the maternal grandmother for unsupervised time with the child had not been considered by the Federal Magistrate. The child's father had not opposed these orders. The Full Court was presented with consent orders, signed by the father, the maternal grandmother, and the independent children's lawyer, proposing arrangements for the grandmother's time with the child, separate from the issues under appeal.

The primary legal issue before the Full Court was its inability to make the proposed consent orders as it lacked original jurisdiction. The court was therefore required to determine how to facilitate the making of these consent orders, which had not been opposed by the father and were supported by the independent children's lawyer.

To address this jurisdictional limitation, the court reconstituted itself with a Judge sitting at first instance. This allowed the court to dispense with the usual procedural requirements, including those relating to the Rules and personal service of the application. The court then made orders by consent, pursuant to a document dated 26 July 2013, which stipulated that the grandmother would spend time with the child on one Saturday each month between 9 am and 5 pm, with changeovers at a specified location, and that such time would not be in the presence of the grandmother.