Lindberg and Hillman (No 2)

In the proceedings between Lindberg and Hillman (No 2), heard by Dawe J, the court was concerned with an application in a case and a response filed by the mother and father respectively, concerning their child, B. The proceedings involved significant child protection and welfare issues, including allegations of child abuse and mental health concerns.

The court was required to determine the appropriate steps to ensure the welfare of the child, B, and to gather necessary information to inform its decision. This included considering whether the Minister for the Department for Education and Child Development - Families SA should intervene in the proceedings, and if not, to provide an explanation for that decision. The court also needed to ascertain the child protection and welfare circumstances of B, including any suspected or alleged abuse and mental health issues.

Dawe J reasoned that it was necessary to obtain a report from the Department for Education and Child Development - Families SA specifically addressing child protection and welfare issues concerning B. The court also invited the Minister to intervene or to send a representative to explain the Minister's position. To facilitate these requests, the Court Registry was directed to provide the Minister with relevant documents, including previous orders and affidavits filed by the parties. The court also made orders regarding the care of the child, the continuation of existing injunctions against the father, and extended timeframes for compliance with certain orders. Furthermore, leave was granted for parties and the Independent Children's Lawyer to issue subpoenas to relevant agencies and the child's school, with specific timeframes for filing and service.

The further consideration of the applications was adjourned to a later date, with directions for the filing and service of further affidavits by the parties and the Independent Children's Lawyer. The father was ordered to deliver the child to the mother's care on the day of the hearing, with a variation to an existing injunction to allow the father to attend at the mother's residence with the child.