Seaward and MacDuff (No 2)

In *Seaward & MacDuff (No 2)*, the Family Court of Australia considered an application by the father, Mr Seaward, for leave to serve a subpoena on the parties' minor child, B, to give evidence in parenting proceedings. The respondent was Ms MacDuff, and an Independent Children's Lawyer was also appointed.

The central legal issue before the Court was whether to grant leave for the child to be subpoenaed to give evidence, a matter requiring careful consideration of the child's best interests, particularly given the child was the subject of the proceedings and evidence indicated she was already struggling with her parents' dispute. The Court also considered the admissibility of evidence under Division 12A of the *Family Law Act 1975* (Cth).

Justice Ryan reasoned that requiring the child to give evidence would place her at the centre of a bitter dispute and exacerbate her existing distress, as indicated by the single expert's report. The Court noted that Division 12A of the *Family Law Act* allows for the reception of relevant material, such as expert interviews and potentially police investigations, without necessitating the child's direct testimony and cross-examination. Consequently, the Court was not satisfied that the interests of justice required granting the father leave to call B as a witness.

The application for leave to issue a subpoena for B to give evidence was refused.