Osterton and Sunderland (No. 3)

In the matter of *Osterton and Sunderland (No. 3)*, heard before Brown J, the dispute concerned an application by the applicant for leave to file and serve a further affidavit of evidence in chief. The court also considered applications for leave to issue subpoenas by the independent children's lawyer and the respondent.

The primary legal issues before the court were whether to grant the applicant leave to file further evidence, and whether to grant leave for the issuance of subpoenas to compel the attendance of an employee of the Department of Human Services to tender records, and to compel the attendance of Dr. L, a psychiatrist. The court was also required to determine if the matter reasonably required the attendance of solicitors appearing as counsel, pursuant to Rule 19.50 of the *Family Law Rules 2004*.

Brown J granted the applicant leave to swear, file, and serve a further affidavit of evidence in chief by 4:00 pm on Monday, 6 July 2009. Leave was also granted for the independent children's lawyer to file and serve a subpoena for the attendance of an employee of the Department of Human Services to tender DHS records, and for the respondent to file and serve a subpoena for the attendance of Dr. L. Furthermore, the court determined that the matter reasonably required the attendance of solicitors appearing as counsel. The court also noted that the applicant's landline telephone number provided in a recent letter to the court was not in service.