WALDROP & CHATELET

In the matter of WALDROP & CHATELET, Justice Macmillan of the Family Court of Australia made orders concerning the conduct of proceedings between the parties. The dispute involved the welfare of the parties' children, D, E, F, and G, and also concerned adult children A, B, and C. The orders addressed the need for expert assessments and the management of evidence leading up to a final hearing.

The court was required to determine various procedural and substantive issues to ensure the efficient and just progression of the case. These included the appointment of a family consultant to prepare a family report, the role and access of the Independent Children’s Lawyer, and the prohibition of discussing proceedings with the children. Additionally, the court needed to address the potential for subpoenas to school counsellors and the filing of affidavits from the adult children, as well as the need for psychiatric assessments of the parents.

Justice Macmillan's reasoning, as reflected in the orders, focused on obtaining comprehensive information to assist in determining the children's best interests. The court directed the attendance of the parties and children for a family report, permitted the Independent Children’s Lawyer to consult school counsellors, and imposed restrictions on discussions with the children to protect them from the proceedings. The court also ordered psychiatric assessments for both parents, with costs to be shared equally, and set strict timelines for the filing and service of evidence by all parties, including the applicant, respondent, and the Independent Children’s Lawyer.

The court adjourned the determination of certain issues, including subpoenas to school counsellors and affidavits from adult children, to a later mention date. The final hearing was scheduled for 27 January 2015. The orders also stipulated requirements for electronic filing of documents, including proposed orders, lists of evidence, objections, and summaries of argument, and mandated the provision of cost statements by each party.