Watkins and Polglase (No 2)

In *Watkins and Polglase (No 2)*, Dawe J of the Family Court of Australia considered proceedings concerning a child, E. The mother had failed to continue participating in and cooperating with the court proceedings. A report from the Minister raised serious concerns, necessitating a parenting assessment and the implementation of a Departmental Case Plan by the Minister.

The court was required to determine how to proceed with the part-heard trial in light of the mother's non-participation and the need for further assessment and planning by the Minister. Specifically, the court needed to address the adjournment of the trial, the filing of further evidence, the ability of parties to issue subpoenas, and the terms under which the child would spend time with the father.

Dawe J reasoned that the resumption of the trial should be vacated to allow the Minister to conduct the anticipated parenting assessment and implement the Departmental Case Plan. The court ordered the trial listing for December 2009 to be vacated and relisted for March 2010. Affidavits were to be filed by February 2010, and leave was granted for parties to issue subpoenas. Crucially, the father was to spend time with the child E on terms determined by the Minister, with the Minister required to provide written notification of these terms to the relevant parties before the time commenced. The Minister was also granted leave to release necessary documents to any expert preparing the report, and liberty was reserved to all parties to apply for further interim orders.