Witnall and Brixton

This matter came before Bennett J of the Family Court of Australia concerning parenting arrangements for two children, R and L. The dispute involved the parents' arrangements for the children, with a final hearing scheduled for 9 January 2012. The court also addressed the preparation of the parties and the children for this hearing, including the filing of evidence and the preparation of a family report.

The court was required to determine the procedural steps necessary to ensure the matter was ready for final hearing, including the exchange of expert evidence, the preparation of case outlines, and the production of a full family report. Key legal issues included the presumption of equal shared parental responsibility, the children's best interests under section 60CC of the *Family Law Act 1975*, and the capacity of the parents to cooperate. The court also considered the role of an independent children's lawyer and the need for expert assessments.

Bennett J issued a comprehensive set of orders aimed at preparing the case for trial. These included directions for the filing and service of amended applications, affidavits, and proof of evidence by specified dates. A full family report was ordered, to be prepared by a Family Consultant, addressing the children's views, the matters set out in section 60CC of the Act, parental cooperation, and observations of the parties with the children. The court also directed the exchange of expert reports, including those from Dr S and Ms H, and facilitated conferences between experts. Furthermore, parties were ordered to file case outlines summarising their arguments on key issues, including whether equal shared parental responsibility should apply and what time arrangements are in the children's best interests. The court noted that failure to comply with these orders could result in the matter being determined without further input from the defaulting party.