WALKER & LEE

In the matter of *Walker & Lee*, heard before Judge Scarlett of the Federal Circuit Court of Australia, the dispute concerned interim parenting orders for two children. The application was brought by one parent seeking an equal shared care arrangement, a proposal opposed by the other parent. A previously made family violence order was a relevant factor in the proceedings.

The court was required to determine whether to make interim orders for equal shared care of the children, considering the paramountcy of the children's best interests. A further issue was the appropriate procedural compliance for an Application in a Case, specifically regarding the requirement under Rule 4.02 of the Federal Circuit Court Rules 2001 for orders sought to be stated precisely and briefly. The court also considered the necessity and process for appointing an Independent Children’s Lawyer.

Judge Scarlett ordered that the interests of the children be independently represented by a lawyer appointed under section 68L of the *Family Law Act 1975*, with Legal Aid New South Wales requested to arrange this representation. The parties were directed to provide all relevant documents to the appointed Independent Children’s Lawyer within fourteen days. The Independent Children’s Lawyer was granted leave to issue up to ten subpoenas without charge. The respondent father was ordered to file and serve a response to the application and a supporting affidavit, not exceeding ten pages, within fourteen days. The matter was adjourned for further mention.