Kayne and Ebison

In the matter of *Kayne and Ebison*, heard by Hannam J, the proceedings concerned the care and welfare of children. Neither parent attended the hearing. The Independent Children’s Lawyer informed the Court that the mother had stated the children had been in her full-time care since 3 October 2019.

The central legal issue before the Court was whether to permit the intervention of the Department of Communities and Justice (formerly the Department of Family and Community Services) in the proceedings, given the circumstances of the children's care and the recommendations of a family report.

Hannam J reasoned that, in light of the family report's recommendation for supervised time with the mother only, and the mother's assertion of full-time care, it was appropriate to invite the Department to intervene. The Court applied principles relating to the intervention of state authorities in family law proceedings to ensure the best interests of the children were considered.

The Court ordered the Secretary of the NSW Department of Family and Community Services to intervene in the proceedings pursuant to section 91B of the *Family Law Act 1975* (Cth). The Secretary, if intervening, was to file and serve a Notice of Intervention promptly. Leave was granted for the Secretary, or a delegate, to inspect and copy documents on the Court file. The family report and Child Responsive Program Memorandum were to be provided to the Department, along with reasons for the intervention request. Both parents were ordered to attend court in person on 20 November 2019.