Bland and Sparks

This matter concerned an application by the mother and a response by the father regarding the circumstances under which their child, S, born in April 2005, could be returned to the mother. The proceedings were before Bennett J.

The primary legal issue before the court was the principal question of the circumstances in which the child S could be returned to the mother. Ancillary to this, the court considered the process for issuing and returning subpoenas, the ability of parties to photocopy documents produced on subpoena, and the provision of information by the mother regarding her proposed accommodation for herself and the child.

Bennett J ordered that until further order, parties were at liberty to issue subpoenas returnable in any subpoena list until the final hearing or on a date appointed by the Magellan Registrar. Subject to further order, all parties were permitted to photocopy documents produced on subpoenas issued at the behest of the independent children’s lawyer, if released for inspection. The hearing of the mother’s application and the father’s response was adjourned to the Senior Registrar’s Duty List for hearing on 29 March 2010. The mother was directed to provide specific details regarding her proposed residential address, the basis of her occupation of that property, and if leased, a copy of the lease or sub-lease, to the independent children’s lawyer by 4.00 pm on 25 March 2010. The court also ordered that the reasons for judgment be transcribed and made available to the parties and the Senior Registrar.