Waverley and Labelle

This matter concerned orders made by Bennett J in the Federal Circuit Court of Australia between the mother and the father regarding their child, B. The dispute involved arrangements for B's counselling, the release and use of a family report, assessments by a Dr P, and decisions concerning B's schooling and associated fees.

The court was required to determine several issues, including the process for obtaining counselling for B, the conditions under which a s.62G(2) report could be released, the conduct of assessments by Dr P, and the timeline and responsibilities for decisions regarding B's enrolment at J School and potential alternative schooling arrangements. The court also addressed the filing of financial statements and the inclusion of a fact sheet detailing the particulars and consequences of the orders.

Bennett J made orders by consent, directing the parents to obtain generalist counselling for B and share equally the responsibility and costs of attending such counselling, subject to the counsellor's recommendations. The court also ordered the discharge of a previous order to allow the release of a s.62G(2) report even without Dr P's assessment, with provisions for the subsequent release of Dr P's assessment to the family consultant. Further orders stipulated the mother's responsibility for attending and paying for an assessment by Dr P, and set out a detailed process for communication and decision-making between the parents regarding B's schooling at J School for 2019, including notification of financial capacity and school choices. The court also ordered the filing of financial statements and noted the father's inability to contribute to school fees for 2019, which was a factor in the mother's decision regarding J School. The matter was set down for a final hearing.