NAZER & MUSA AND ANOR

In the matter of NAZER & MUSA AND ANOR, Berman J of the Family Court of Australia considered an application concerning the conduct of the parties in relation to ongoing proceedings involving their child. The dispute centred on the parties' use of social media and text messaging, which was alleged to be detrimental to the proceedings and the welfare of the child.

The court was required to determine whether to grant injunctive relief restraining the parties from engaging in certain forms of communication. Specifically, the court had to consider the scope of such injunctions, including whether they should extend to communications relating to the proceedings, the parties themselves, their extended families, and the child. Furthermore, the court needed to assess whether to restrain the parties from encouraging third parties to engage in similar prohibited communications.

Berman J reasoned that the use of social media and text messaging by the parties had the potential to prejudice the proceedings and negatively impact the child. The court applied principles of family law concerning the best interests of the child and the need to ensure a fair and unimpeded judicial process. To protect these interests, the court granted injunctions restraining both the mother and father from using social media or text messaging in a manner that referenced the proceedings, the parties, their extended families, or the child. Additionally, the parties were restrained from inciting third parties to make such references.

The court ordered that the mother and father be restrained from using or engaging in social media or text messaging that relates to the current proceedings, each of the parties, members of their extended family, and the child. The parties were also restrained from encouraging any third party to make reference to the parties, the child, and the proceedings generally through social media or text messaging. The final form of these orders was subject to their entry into the Court’s records.