Leaton and Tuppahige (No. 2)

In proceedings before Berman J, the father sought an oral application to suspend existing orders made on 28 August 2013. Families SA was granted leave to intervene, with the possibility of withdrawing from the proceedings at a later date. The court considered submissions from the father and the Department, ultimately deciding to suspend the operation of paragraph 2 of the 28 August 2013 orders.

The court was required to determine the immediate living arrangements for the children, C and R, during the adjournment period, and to establish a timeline for the filing of further applications and affidavits by both the father and the mother. Additionally, the court needed to consider the provision of specific information and reports from Families SA concerning any notifications of suspected abuse or family violence affecting the children, and to decide whether the identity of those who made such notifications should be disclosed. The court also addressed the urgent re-appointment of an Independent Children’s Lawyer to represent the interests of the children.

Berman J ordered that during the period of adjournment, the children C and R were to live with the father. The father was directed to file and serve an Initiating Application by 4pm on 24 September 2014, and the mother was to file and serve any Response and Affidavit in support by 4pm on 29 September 2014, with a note acknowledging potential difficulties for the mother in complying. Pursuant to s 69ZW(1) of the Family Law Act 1975 (Cth), Families SA was requested to provide a report on various matters including notifications of suspected abuse or family violence, assessments and findings of investigations, commissioned reports, and the likely conclusion date of any ongoing investigations. The question of disclosing the identity of notification makers was reserved for further consideration. Furthermore, under s 68L of the Act, the court ordered the urgent re-appointment of an Independent Children’s Lawyer for the children, with the father's solicitor to forward relevant documents to the Legal Services Commission by 4pm on 17 September 2014. The proceedings were adjourned to 1 October 2014 for further consideration.