Matthews and Bender (No 2)

The proceedings before Johns J concerned an application by the mother for contravention of court orders relating to her child, M. The mother sought orders for supervised contact with the child and for communication with the child.

The court was required to determine the terms upon which the mother would be permitted to spend time with and communicate with the child, and whether to grant leave to withdraw the contravention application. The court also considered the provision of gifts and cards to the child and the conditions under which telephone communication could occur.

Johns J made orders for supervised contact on 20 December 2014, with specific conditions regarding gifts and cards to be provided by the mother, subject to inspection and veto by contact centre staff. The mother was also permitted to communicate with the child by telephone on 25 December 2014, with the father having the right to place the call on loudspeaker and terminate it if the mother discussed the proceedings. The court granted the mother leave to withdraw her contravention application and vacated several upcoming hearings. Further, the mother was granted leave to issue a subpoena to a Ms JS of Family Life. The court also ordered that the particulars of the obligations and consequences of these orders be set out in an attached Fact Sheet, pursuant to ss 65DA(2) and 62B of the relevant legislation.