Gabriel and Anor and Samora and Ors

In the Federal Circuit Court, Judge Young presided over proceedings involving the first and second applicants, Gabriel and Anor, and the respondents, Samora and Ors, concerning the welfare of a child identified as X, born in 2015. The dispute centred on the living arrangements and safety of the child.

The court was required to determine several critical issues, including the primary residence of the child X, and whether injunctive relief was necessary to protect the child from exposure to illicit drug use or paraphernalia. Furthermore, the court needed to consider the disclosure of relevant documents and information by Territory Families concerning any notifications, assessments, investigations, and reports related to abuse allegations concerning the child. The court also had to address the process for serving subpoenas on Territory Families and the filing of responses and notices of risk by the respondents. Finally, the court considered the intervention of the Minister for Territory Families in the proceedings.

Judge Young ordered that the child X live with the third respondent, Ms Taft, and granted an injunction restraining Ms Taft from consuming illicit drugs or exposing the child to drug paraphernalia or drug use while the child was in her care. The court also directed Territory Families to provide specific documents and information relating to abuse allegations concerning the child, pursuant to section 69ZW of the *Family Law Act 1975*. The court stipulated that no further subpoenas were to be served on Territory Families without leave. The respondents were ordered to file and serve their responses, supporting affidavits, and notices of risk by a specified date. The Minister for Territory Families was invited to intervene in the proceedings, with a representative to attend a future hearing by telephone. The matter was adjourned for a further interim hearing.