DEGRAVES & SEARLE

This matter concerned an interim hearing in family law proceedings between Ms Degraves and Mr Searle, with Judge Harman presiding. The dispute involved applications for injunctions and restraints for the personal protection of the mother and children, as well as issues concerning the admissibility of hearsay evidence, specifically communications made within family counselling.

The court was required to determine whether certain communications made in the context of family counselling were admissible as evidence, particularly in light of hearsay rules. Additionally, the court needed to consider the nature of "parenting responsibilities" as defined by the relevant legislation and whether these responsibilities arose solely from court orders or also from the existence of a parenting relationship. The court also had to address the father's requests for information from the children's school and other organisations.

Judge Harman made orders restraining the father from requesting the children's address or any information from which it could be derived from the children's school or other organisations, including medical practitioners and counselling services. The court also permitted the parties and the Independent Children's Lawyer to provide a copy of these orders to the children's school, requesting that the school take steps to prevent the disclosure of such information if requested. The court further directed the parties to file and serve affidavit material by a specified date and to file Case Outlines, including reliance material, proposed tender documents, a chronology, sought orders, and a draft trial plan. The matter was listed for a final hearing on specified dates in March 2014.