Che & Don (No. 2)

In the matter of *Che & Don (No. 2)*, Gill J of the Family Court of Australia considered an application by Ms Hyunh, the paternal aunt of the child X, to join proceedings concerning X's care, welfare, and development. The proceedings involved Ms Che as the applicant and Mr Don and Ms Trach as respondents. The dispute centred on the location of the child X and the need to obtain information and access to evidence relevant to a recovery order.

The court was required to determine whether to grant Ms Hyunh leave to join the proceedings as a party concerned with the child's welfare. Additionally, the court needed to consider orders for the disclosure of information regarding the child's location, access to phone recordings held by the court, and the investigation of a specific iPhone in relation to an outstanding recovery order.

Gill J granted Ms Hyunh leave to join the proceedings, declaring her a person concerned with the care, welfare, and development of X, and directed her to file a Response. The court also ordered, by consent, that Ms Hyunh provide all information she holds regarding X's location. Further orders, made by consent, directed Mr Don to provide the PIN for an iPhone to the Registrar, who was then requested to forward the phone and PIN to the police to assist in executing the recovery order. Access to phone recordings held by the court was granted to the parties' legal representatives for the limited purpose of identifying privileged material, with general access to non-privileged material permitted thereafter. The interrogation of the iPhone was restricted to its contacts, SMS, and iMessages, with any further interrogation requiring a further court order.