Withers & Russell and Anor

In the matter of *Russell v Withers*, Ms Russell (the mother) and Ms Russell Snr (the maternal grandmother) sought leave to rely on affidavits filed out of time, and Ms Russell Snr further applied for a Family Report writer to conduct an interview with herself and her husband. Mr Withers (the father) had filed applications for contravention. The proceedings concerned the best interests of the children.

The court was required to determine whether to grant leave for the late filing of affidavits by the mother and maternal grandmother, and whether to permit the Family Report writer to conduct an interview with the maternal grandmother and her husband. The court also considered the father's applications for contravention.

Gill J granted the mother leave to rely on her primary affidavit and an affidavit from Mr QQ, along with their annexures, provided they were filed by a specified date. Leave was also granted to the maternal grandmother to rely on her primary affidavit. However, the application for the Family Report writer to conduct a further interview with the maternal grandmother and her husband was dismissed. The court reasoned that such an interview had limited forensic value and could potentially expose the children to further conflict within the litigation process. The father's contravention applications were dismissed upon their withdrawal.

The trial was listed to commence on 22 February 2021. The determination of costs flowing from the contravention applications was reserved to trial.