1. By no later than 4.00 pm on [a date prior to Callover in] 2025 the husband must file and serve:

(a) a single stand-alone affidavit to comprise the whole of his evidence in chief for the purposes of trial, with no more than 15 annexures; and

(b) an up-to-date Form 13 Financial Statement.

1. By no later than a date to be fixed by subsequent order once the trial is listed, being a date approximately 28 days prior to the first listed day of trial the wife must file and serve:

(a) an affidavit of evidence in chief, limited to evidence as to events which have occurred since she filed her substantive trial affidavit [in] August 2024; and

(b) an up-to-date Form 13 Financial Statement.

1. By no later than a date to be fixed by subsequent order once the trial is listed, being a date approximately 28 days prior to the first listed day of trial the husband must file and serve:

(a) an affidavit of evidence in chief, limited to evidence as to events which have occurred since he filed his substantive trial affidavit pursuant to the order contained in paragraph 1 of these orders; and

(b) an up-to-date Form 13 Financial Statement.

Witness affidavits of the Applicant Wife

1. The wife may rely on the affidavit of [Ava Stanhope] filed [in] August 2024 for the purposes of trial.
2. The wife is permitted to file by no later than 28 days prior to the first listed day of trial an updating affidavit of [Ava Stanhope], and to rely on such affidavit for the purposes of trial, subject to that affidavit being limited to events that have occurred since [redacted] August 2024.
3. The wife may rely on the affidavit of [Vivian Masai] filed [in] April 2025 for the purposes of trial.
4. The wife is permitted to file by no later than 4.00 pm [on a date prior to Callover in] 2025 an affidavit of [Mr Martin] and to rely on that affidavit for the purposes of trial.
5. The wife is permitted to file by no later than 4.00 pm [on a date prior to Callover in] 2025 an affidavit of [Ms Murray] and to rely on that affidavit for the purposes of trial subject to the affidavit being limited to evidence as to her professional interactions with the wife in the context of family violence counselling.
6. The wife is permitted to file by no later than 4.00 pm [on a date prior to Callover in] 2025 an affidavit of [Elijah Thomas] and to rely on that affidavit for the purposes of trial subject to the affidavit being limited to evidence as to what he saw and heard in the form of behaviour by the husband and/or [Ava Stanhope] while they lived together and following their separation, to the extent any such behaviour if proven could properly be characterised as family violence.

Witness affidavits of the Respondent Husband

1. The husband may rely on the affidavit of [Connor Stanhope] filed [in] February 2025 for the purposes of trial.
2. The husband is permitted to file by no later than 4:00 pm [on a date prior to Callover in] 2025 an updating affidavit of [Connor Stanhope] and to rely on that affidavit for the purposes of trial subject to that affidavit being limited to evidence as to his current circumstances, his own interaction with [Child J], and his observations of [Child J] and the husband.
3. The husband may rely on the affidavit of [Mr Percy] filed [in] February 2025 for the purposes of trial.
4. The husband is permitted to file by no later than 28 days prior to the first listed day of trial an affidavit of [Mr Robinson], and to rely on such affidavit for the purposes of trial, subject to the conditions in paragraph [14].
5. Any affidavit of [Mr Robinson] to be filed pursuant to the immediately preceding order must be limited to evidence as to:

(a) his direct observations of [Child J] with the husband;

(b) his direct observations of any video communication between [Child J] and the wife;

(c) his direct observations of instances demonstrating [Child J's] understanding of time and routine; and

(d) any disclosures made by [Child J] in his presence as to being subjected to physical discipline or otherwise struck by the wife.

1. The husband is permitted to file by no later than 4.00 pm [on a date prior to Callover in] 2025 an affidavit of his treating psychologist [Dr Fadel], and to rely on such affidavit for the purposes of trial.

1. The Independent Children's Lawyer is granted leave to issue subpoenas directed to [Ms Torres] of [School O], [Ms Doyle] of [Paediatric Speech Pathology Service], [Dr Beekhof] and [Dr Auffray] to give evidence at trial.
2. The husband is granted leave to issue subpoenas directed to [Ms Davies] of [School O], [Ms Bernard] of [Medical Therapy Provider] and [Ms Chen] of [Medical Therapy Provider] to give evidence at trial.

Authorities and reports from [Ms Bernard] and/or [Ms Chen]

1. Within seven days of being requested by the Independent Children's Lawyer to do so, the husband and wife must each sign any necessary authority to enable the Independent Children's Lawyer to request and obtain written reports from [Ms Bernard] and/or [Ms Chen].

1. The parties and the Independent Children's Lawyer must limit the time taken in their submissions and examination of witnesses in accordance with the trial plan annexed to these orders.
2. Notwithstanding the previous order, at any time during the trial the parties and the Independent Children's Lawyer may make oral application for extension or reduction of the times allocated in the trial plan.
3. No affidavit may be filed by either party or by the Independent Children's Lawyer for the purposes of trial other than as provided in these orders, or by subsequent order.

1. No affidavit previously filed in the proceedings may be relied upon by either party or by the Independent Children's Lawyer for the purposes of trial, other than as expressly permitted in these orders or by subsequent order.

1. The proceedings are included in the Callover [in late] 2025 for the allocation of a trial date, with an estimated hearing time of seven days, noting that the matter is not suitable for hearing and determination by a magistrate.
2. The parties and the Independent Children's Lawyer must each file and serve a Callover certificate in the usual form by no later than 4.00pm [on a date seven days prior to the Callover]

1. Costs of both parties and the ICL are reserved.

I certify that the preceding paragraph(s) comprise the reasons for decision of the Family Court of Western Australia.

[1] [2024] FCWA 183, Stanhope and Stanhope [2025] FCWA 88, [2025] FCWA 141.

[2] Stanhope and Stanhope [2025] FCWA 88.

[3] Since the amendments to the Family Law Act 1975 (Cth) commenced on 10 June 2025, now found at s 102NE.

[4] See Pickford & Pickford [2024] FedCFamC1A 249.

[5] Taylor v Taylor [1979] HCA 38; (1979) FLC 90-674 and the authorities there cited.

[6] Rogers v The Queen [1994] HCA 42; (1994) 181 CLR 251.

[7] Teo & Guan [2015] FamCAFC 94; (2015) FLC 93-653.

[8] P v Q (No 2) [2023] WASCA 163; (2023) 67 Fam LR 399, [51].

[10] Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; The State of Queensland and Anor v J L Holdings Pty Ltd [1997] HCA 1; (1997) 189 CLR 146.

[12] To avoid confusion, I refer to various persons with a common surname by their given names and mean no offence in doing so.

[13] Emphasis as appears in the original.

[14] Emphasis as appears in the original.

[15] Emphasis as appears in the original.

[16] Emphasis as appears in the original.

[17] [2025] FCWA 141, 68-73.

[18] Referring to himself and Ava Stanhope.

[19] Including paragraphs under a heading titled "My Dad, the good Samaritan".

[20] By reference to the Evidence Act 1995 (Cth), which does not apply in these proceedings. In any event, see s 102NL of the Family Law Act 1975 (Cth) and s 202H of the Family Court Act 1997 (WA).

[21] Re F: Litigants in Person Guidelines [2001] FamCA 348; (2001) FLC 93-072, [252].

[22] J D Heydon, Cross on Evidence (LexisNexis Butterworths, 12th ed, 2024), [17605].

[23] Stanhope and Stanhope [2023] FCWA 204.