Desjardins and Desjardins (No 2)

In *Desjardins and Desjardins (No 2)*, the Family Court of Australia, presided over by Macmillan J, considered the actions of the father, Mr Desjardins, and several other individuals, Ms Y, Mr J, and Mr M, in relation to proceedings concerning the parties' children. The dispute culminated in orders for documents to be referred to the Chief Justice of the Family Court for consideration of prosecution for breaches of Commonwealth law.

The central legal issue before the court was whether the conduct of the father and the named third parties warranted referral to the Attorney-General for potential prosecution under Commonwealth law. This involved an assessment of the evidence presented through various affidavits filed by the parties and the third parties, in light of the court's previous final orders made on 28 September 2015 and the orders made on the day of judgment.

Macmillan J's reasoning, as evidenced by the orders made, indicates a finding that there was sufficient material to warrant investigation into potential breaches of Commonwealth law. The court's decision to refer specific documents, including final orders, subsequent orders, and numerous affidavits from the father, mother, Ms Y, Mr J, and Mr M, suggests that the court identified evidence of conduct that may constitute an offence. The court applied the principle that where there is evidence of a potential breach of law, particularly in family law matters involving children, referral for prosecution is an appropriate step.

Consequently, the court ordered that a comprehensive set of documents, including sealed copies of the final orders and the current orders, certified reasons for judgment, and all relevant affidavits, be referred to the Chambers of the Chief Justice of the Family Court of Australia. This referral was specifically for the purpose of consideration by the Attorney-General for the Commonwealth of Australia regarding the prosecution of Mr Desjardins, Ms Y, Mr J, and Mr M for breaches of Commonwealth law.