ADEMA & HAMBLETON (No.2)

In the matter of ADEMA & HAMBLETON (No.2), Judge Brown of the Federal Circuit Court of Australia was required to determine the appropriate orders concerning the representation of a child and the use of evidence in proceedings. The dispute involved the parties' solicitors and the interests of the child, X, born in 2017.

The court was tasked with deciding whether to appoint an Independent Children's Lawyer (ICL) and, if so, how to facilitate that appointment and the subsequent conduct of the ICL. Furthermore, the court needed to determine the conditions under which documents produced by subpoena from the South Australian Police and materials received from B Hospital could be inspected, copied, and relied upon by the parties and the ICL.

Judge Brown ordered the appointment of an Independent Children's Lawyer to represent the interests of the child X, directing the parties' solicitors to forward all relevant documents to the Legal Services Commission of South Australia within seven days to facilitate this appointment. The ICL was directed to endeavour to be in a position to make submissions on the adjourned date and to file a Notice of Address for Service immediately upon appointment. The parties' legal representatives and the ICL were granted liberty to inspect and copy documents produced by subpoena from the South Australian Police and materials from B Hospital, with the exception of confidential materials. The court further stipulated that any party or the ICL seeking to rely on subpoenaed material must present it via affidavit, including short reasons for its inclusion, annexing relevant material, and ensuring the affidavit is paginated, indexed, and exhibits tagged. The further consideration of the matter was adjourned to 21 July 2020.