Che & Don

In a family law proceeding before Gill J of the Family Court of Australia, the dispute concerned the whereabouts of a missing child. The court was dealing with an extant recovery order and an application for an Anton Piller order to secure telephones, on the basis that they might hold information relevant to locating the child.

The central legal issue before the court was whether to issue subpoenas for the attendance of Mr Don and Ms C to give evidence. This was in the context of an existing recovery order for the child and the potential for telephone records to assist in that recovery.

Gill J directed that subpoenas be prepared for Mr Don and Ms C to attend court to give evidence on 23 June 2021. The court further ordered that the terms of information orders previously made by Judge Hughes on 21 May 2021, specifically Orders 11 and 12, be added as a notation to these new orders, thereby incorporating them into the current directions.