Dundas and Duffy and Ors

This case concerned competing applications by the maternal grandmother and the paternal grandmother for "live with" orders concerning a six-year-old child. The maternal family identified as Aboriginal, and the mother did not participate in the proceedings, while the father was deceased. The paternal grandmother raised concerns about health and safety and the risk of the child being exposed to criminal activity within the maternal family's home.

The court was required to determine the best interests of the child in light of the applications and the evidence presented, including the application of sections 60B(2)(e), 60CC(3)(h), 60CC(6), and 61F of the Family Law Act 1975. Both grandmothers sought sole parental responsibility for the child.

The court reasoned that while the child's Aboriginal identity was a significant consideration, the paramount consideration was the child's safety and well-being. The court found that there were health and safety concerns and a risk of exposure to criminal activity in the maternal family's home, which weighed against the maternal grandmother's application for sole parental responsibility. The court ultimately ordered that the paternal grandmother have sole parental responsibility for the child, with specific provisions for consultation with the maternal grandmother on significant decisions regarding schooling, medical and dental issues, and other major decisions. The maternal grandmother was given sole responsibility for maintaining the child's Aboriginal identity, with consultation required from the paternal grandmother. The child was ordered to live with the paternal grandmother and spend time with the maternal grandmother, with detailed provisions for this time, including supervised time with the mother and aunt. Injunctions were also made restraining the use of illicit substances in the child's presence and prohibiting denigration of other parties.