Eastley & Eastley (No. 3)

In the matter of *Eastley & Eastley (No. 3)*, Gill J of the Family Court of Australia considered an application concerning the release of compact discs produced by the Australian Federal Police (AFP) under subpoena. The dispute arose in proceedings concerning the welfare of children, where the compact discs contained an interview regulated by the *Evidence Act (Miscellaneous Provisions) Act 1991* (ACT).

The central legal issues before the court were whether the compact discs could be released to the legal representatives, how the interview was regulated by the ACT legislation, and the interaction between Territory laws and court procedures, particularly concerning the admissibility of evidence and potential unintended consequences for child welfare proceedings. The court was required to interpret the definition of "proceeding" within the Territory offence provision and consider its impact on the Family Court’s jurisdiction.

Gill J reasoned that while the interview was regulated by Territory law, the primary concern was the welfare of the children. The court sought to balance the need for disclosure of relevant evidence with the protection of parties and the integrity of the proceedings. The judge determined that the compact discs should be released to the legal representatives for inspection only, within the Canberra Registry, and explicitly prohibited copying at that stage.

Consequently, the court ordered that the compact discs produced by the AFP under the subpoena dated 6 November 2020 be released to the legal representatives for inspection only at the Canberra Registry, with no copying permitted. The parties were granted liberty to seek further directions from the Registrar regarding the copying and use of copies of the compact discs, including their provision to relevant experts.