JEFFS & MARSHALL

In the matter of JEFFS & MARSHALL, heard before Judge Harland, the dispute concerned parenting arrangements. The father and the Independent Children’s Lawyer (ICL) sought orders regarding the mother's attendance at future court dates and the attendance of her witnesses. The court was also asked to consider the ICL's application to issue subpoenas to various government departments and the police.

The primary legal issues before the court were whether the mother and her supporting witnesses should be required to attend court in person for the upcoming hearing dates, and under what conditions professional witnesses could appear via telephone. Additionally, the court considered the ICL's request for leave to issue short-service subpoenas to obtain documents and evidence from specific government agencies and the Victoria Police. The court also had to determine the procedure for cross-examination of certain witnesses.

Judge Harland ordered that the matter remain listed with priority on 7, 8, and 9 November 2018, and that the mother was required to attend in person on those dates. Her supporting witnesses were also required to attend in person, with the exception of professional witnesses, who could appear by telephone with the consent of the other parties. Crucially, the court stipulated that if the mother failed to attend in person on the first day of the hearing, or on subsequent days, leave would be granted to the father and the ICL to proceed on an undefended basis. The ICL was granted leave to issue short-service subpoenas to the Department of Family and Community Services (NSW), the Department of Health & Human Services (Victoria), and the SOCIT Unit of Victoria Police, as well as any other individuals nominated by the Detective Inspector. The court also made orders regarding the provision of documents to a Family Consultant and the filing of outlines of case.