Richard and Briar (No. 2)

In the matter of Richard and Briar (No. 2), Dessau J of the Family Court of Australia considered applications concerning the location and recovery of a child. The dispute involved the husband seeking information to locate the child and the wife, and the court's power to facilitate this through disclosure of information and publication of details.

The court was required to determine whether to grant leave for the Business Manager of Centrelink to provide information regarding the location of the child and the wife to the Family Court Registry Manager. Furthermore, the court had to decide whether to grant leave for the Registry Manager to disclose this information to the husband's solicitors and a process server for the purpose of serving documents on the wife, with the specific restriction that no information be provided directly to the husband. The court also considered the extent to which publication of certain details would be permitted under section 121 of the Family Law Act 1975 to assist in the recovery of the child. Finally, the court addressed the filing and return of a subpoena to a third party, Miss Briar, and the provision of independent legal advice to her.

Dessau J applied sections 67N and 67P of the Family Law Act 1975 to authorise the disclosure of information from Centrelink to the Family Court Registry Manager, and subsequently to the husband's solicitors and a process server, with the express prohibition of disclosure to the husband himself. The court also exercised its discretion under section 121 of the Family Law Act 1975 to permit the publication of specific details, including dates of birth, descriptions, photographs, and circumstances surrounding the disappearance and last known sightings of the wife and child, to aid in their recovery. The court further ordered the filing of a subpoena addressed to Miss Briar, with its returnable date set for 29 February 2008, and excused Miss Briar's attendance on the condition that her pro bono solicitor attend on her behalf.

The court made orders accordingly, including liberty to the husband to apply to the court and an adjournment of existing applications to 29 February 2008.