Whitton and Whitton and Anor

In *Whitton and Whitton and Anor*, Justice Austin of the Family Court of Australia considered applications by the mother and the paternal grandmother. The mother's application, filed on 1 October 2010, and the paternal grandmother's response, filed on 21 October 2010, were both dismissed. The proceedings concerned interim parenting orders made on 12 May and 27 September 2010, which the paternal grandmother sought to preserve.

The court was required to determine the procedural path forward for the ongoing litigation, including the filing of evidence and the scheduling of the trial. Specific issues included the admissibility of affidavits, the calling of witnesses, and the exchange of documents and case outlines. The court also addressed the contentious matter of drug testing for the mother and father.

Justice Austin's reasoning focused on managing the case efficiently towards a final hearing. The dismissal of the applications and responses indicated a procedural step rather than a final determination on the merits of the parenting dispute. The court issued detailed orders to ensure all parties were prepared for the continuation of the trial on 6 December 2010, including strict timelines for the filing of affidavits and case outlines. A significant aspect of the orders, made by consent, mandated fortnightly random urinalysis drug screening for the mother and father, with specific protocols to ensure the integrity and transparency of the testing process.

The trial was listed to continue before Justice Austin on 6 December 2010. The court reserved costs incidental to the proceedings until the final hearing and granted leave for the parties to file specific affidavits and update subpoenas. The consent orders regarding drug testing were a key feature of the interim arrangements.