Eddings and Eddings

In the matter of *Eddings and Eddings*, Justice Murphy of the Family Court of Australia considered an application concerning the welfare of a child. The dispute involved the parties' arrangements for their child, born in October 1993, and the role of the Independent Children's Lawyer in gathering evidence.

The court was required to determine whether to grant leave for the Independent Children's Lawyer to issue a subpoena to an Officer of the Department of Communities. This subpoena was sought to obtain evidence regarding the officer's involvement in events in May 2008 and, specifically, any views expressed by the child at that time. The court also had to consider the terms upon which documents produced by subpoena could be inspected and copied by the parties.

Justice Murphy granted leave for the subpoena to be issued, recognising the importance of the child's views being presented to the court. The court further ordered that all parties be permitted to inspect documents produced pursuant to any subpoena, subject to any objections raised by the recipient. However, only the Independent Children's Lawyer was granted leave to copy such documents, with other parties requiring a further order from the court to do so. The matter was subsequently set down for a final hearing.