Milton & Anor and Mahoney & Anor

In the matter of *Milton & Anor and Mahoney & Anor*, Murphy J of the Federal Circuit Court of Australia considered applications and responses filed by the respondents. The proceedings concerned orders made by Federal Magistrate Coker on 14 April 2011, and the subsequent actions of the Independent Children’s Lawyer.

The court was required to determine whether to dismiss the applications and responses filed by the respondents. Additionally, the court considered whether the Independent Children’s Lawyer should be granted leave to publish an account of the proceedings, including the previous orders, the current orders, and the reasons for judgment, to the Director-General of the Department of Communities (Child Safety Services), to the extent that such publication was not already authorised by Section 121(9)(g) of the *Family Law Act 1975* or other provisions of that subsection. The court also had to address the dismissal of all extant applications and the return of material produced pursuant to subpoenas.

Murphy J ordered that all applications and responses filed by the respondents be dismissed. Leave was granted to the Independent Children’s Lawyer to publish an account of the proceedings to the Director-General of the Department of Communities (Child Safety Services), encompassing the orders of Federal Magistrate Coker, the current orders, and the ex tempore reasons, to the extent not otherwise authorised by Section 121(9)(g) of the *Family Law Act 1975* or other provisions of that subsection. All extant applications were dismissed and removed from the list of cases awaiting finalisation. Material produced pursuant to subpoenas was to be returned to their providers after the time for appeal had lapsed. The Independent Children’s Lawyer was to be discharged upon the expiration of any applicable appeal period or the determination of any application for costs, whichever event occurred later.