Masek & Jefferson (No 2)

In Masek & Jefferson (No 2), the applicant father, Mr Masek, and the respondent mother, Ms Jefferson, brought proceedings before Young J of the Federal Circuit Court of Australia concerning their children. The dispute involved allegations of illicit substance use by the mother and contact between the children and a Mr D. The court was also considering the arrangements for the children, including a child inclusive conference.

The court was required to determine several urgent matters. These included whether to grant an injunction restraining the mother from permitting the children to come into contact with Mr D and from consuming or being exposed to illicit substances. The court also needed to make orders regarding the attendance of the parties and one of the children at a child inclusive conference, the appointment of an Independent Children’s Lawyer, and the potential intervention of the Minister for Child Protection.

Young J issued interim orders restraining the mother from allowing the children to contact Mr D and from using or being exposed to illicit substances. The court ordered the mother and the child W to attend a child inclusive conference in Adelaide, with the Family Consultant to have discretion regarding attendance arrangements and to provide advice to the court thereafter. An Independent Children’s Lawyer was appointed to represent the interests of the children, with directions for the parties' solicitors to forward relevant documents to facilitate this appointment. The Minister for Child Protection was invited to intervene in the proceedings. The matter was adjourned for mention.