Osterton and Sunderland

In the matter of *Osterton and Sunderland*, Brown J considered applications for leave to issue subpoenas and for the discharge of an ex-parte order. The proceedings involved the applicant, the respondent, and an independent children's lawyer, with the subject child and deceased individuals also central to the dispute.

The court was required to determine whether to grant leave for the independent children's lawyer and the mother to issue subpoenas to various government departments, Victoria Police, the Coroner's Court, and a treating psychiatrist. These subpoenas sought documents relating to the applicant's criminal history, community-based orders, and the deceased individuals. Additionally, the court considered an application by the respondent to discharge an existing order restraining the removal of the child from Australia.

Brown J granted leave for the independent children's lawyer to issue subpoenas to Corrections Victoria, Victoria Police, and the Department of Human Services concerning the applicant and several named individuals, including deceased persons and the subject child. Leave was also granted to the mother to subpoena the treating psychiatrist of a deceased individual, subject to consent, and to the Coroner's Court. The applicant was granted leave to subpoena the Australian Federal Police and Victoria Police for documents relating to individuals identified as A Sunderland, M Sunderland, and LR. The court also ordered the applicant to attend a psychiatric assessment and provided directions regarding the filing of affidavits in support of and in response to the application to discharge the ex-parte order. The matter was adjourned for further hearing.