Wiupa and Kogoya

In the Family Court of Australia at Melbourne, Justice Bennett presided over proceedings between Mr Wiupa (applicant father) and Ms Kogoya (respondent mother) concerning their children, M and Y. The dispute originated in the Federal Magistrates Court, where the father sought the children's return to Victoria and time with them. The matter was transferred to the Family Court following the mother's filing of affidavits alleging serious domestic violence, including instances witnessed by the children, and a Notice of Child Abuse.

The court was required to determine whether to grant the father leave to file extensive affidavit material submitted late, and to consider the mother's application for the proceedings to be transferred to Brisbane. Additionally, the court needed to address the collation of relevant documents for a future hearing and the potential for interim contact between the father and children, considering the children's current residence in Brisbane with the mother since May 2006.

Justice Bennett granted the father leave to file his affidavits, acknowledging the mother's practitioners had insufficient time to obtain instructions due to the late service. The court adjourned the further hearing to a later date before Justice Brown, who would determine the venue of the proceedings, noting the prejudice to the mother from the late filing. The independent children's lawyer was directed to collate relevant documents for the court, and the mother was required to file any further affidavit material by a specified date. The court also noted the father had not seen the children since May 2006 and that reintroduction of time might not be straightforward.