Dayley & Anor and Abram

In the Family Court of Australia, Johnston J considered an application concerning the parties Dayley and Abram. The dispute involved the dissemination of documents related to the proceedings, with the grandparents providing an undertaking to the Court regarding the handling of such materials.

The central legal issue before the Court was the appropriate course of action regarding expert evidence and the disclosure of sensitive documents. Specifically, the Court was required to determine how an Independent Child Lawyer should communicate with an expert, Dr S, and what materials could be provided to that expert. The Court also had to consider the costs associated with obtaining the expert's report and the terms of an undertaking given by the grandparents.

Johnston J ordered that the Independent Child Lawyer write to Dr S, with the content of the letter to be based on a draft annexed to an application filed on 11 December 2012, as amended by the Court. This letter was permitted to include Dr R's report, other specified materials, and documents from D Public School. The grandparents were ordered to pay the costs of Dr S in the first instance. The proceedings were adjourned for mention, with liberty to relist, and the Court noted the grandparents' undertaking not to disseminate any documents prepared for or arising from the proceedings until a specified date.