State Central Authority and Blyth - [2010] FamCA 90

FAMILY COURT OF AUSTRALIA

STATE CENTRAL AUTHORITY & BLYTH

[2010] FamCA 90

FAMILY LAW – CHILDREN – Hague convention – Whereabouts of child unknown – Legal professional privilege claimed – Dominant purpose test

Evidence Act 1995 (Cth)
Family Law Act 1975 (Cth)

R v Bell ex parte Lees (1980) 140 CLR 141
Thomson v Thomson (1991) FLC 92-198

APPLICANT:

Department of Communities (Child Safety Services) as State Central Authority

RESPONDENT:

Mr Blyth

FILE NUMBER:

BRC

8423

2009

DATE DELIVERED:

2 February 2010

PLACE DELIVERED:

Brisbane

PLACE HEARD:

Brisbane

JUDGMENT OF:

Murphy J

HEARING DATE:

2 February 2010

REPRESENTATION

SOLICITOR FOR THE APPLICANT:

Mr Parrott of Crown Law

SOLICITOR FOR THE RESPONDENT:

Mr Deed of Cranston McEachern Lawyers

Orders

IT IS ORDERED UNTIL FURTHER ORDER THAT

Cranston McEachern Lawyers be requried to produce to a Registrar of this Court nominated by the Principal Registrar, any and all details contained within their files held on behalf of the Respondent Mr Blyth in relation to any bank accounts, credit cards, company accounts, real or other property, telephone numbers (whether land lines or mobiles), fax numbers any travel plans or current locations of Mr Blyth or O Blyth born … May 2009 or such other information as may assist in locating the said Mr Blyth or O Blyth.
The solicitor for the Respondent, Mr Peter Deed, be injuncted from, and an injunction be issued restraining Mr Deed from, disclosing to the father and/or his family, friends and associates any details of these orders or details of the hearing of the Application in a Case filed on 22 January 2010.
By way of mandatory injunction Mr Deed is directed to:
a)advise the members and employees of his firm that an order has been made in terms of paragraph (2) of these orders; and
b)instruct the members and employees of his firm to not themselves disclose to the father and/or his family, friends and associates any details of these orders or details of the hearing of this Application in a Case filed on 22 January 2010.
Any information provided to the Registrar of this Court by Mr Deed or Cranston McEachern Lawyers pursuant to paragraph (1) of these orders, shall be released by the said Registrar to the legal representative of the Central Authority upon a request being made by them.

IT IS NOTED that publication of this judgment under the pseudonym State Central Authority & Blyth is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 8423 of 2009

DEPARTMENT OF COMMUNITIES (CHILD SAFETY SERVICES) as STATE CENTRAL AUTHORITY

Applicant

And

MR BLYTH

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

Mushin J made orders requiring the father of O Blyth born in May 2004 to be returned to Finland for the purpose of giving effect to the orders otherwise made by his Honour. That order was made under the arrangements existing pursuant to the Hague Convention in respect of international child abduction.
Subsequent…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading State Central Authority and Blyth

Details

AGLC: State Central Authority and Blyth [2010] FamCA 90
Case: [2010] FamCA 90
Decision Date: 2 February 2010

CaseChat Overview and Summary

In the Supreme Court of Queensland, Justice Murphy considered an application by the State Central Authority concerning the location of Mr Blyth and O Blyth. The dispute involved the production of information held by Mr Blyth's solicitors, Cranston McEachern Lawyers, and the conduct of Mr Blyth's solicitor, Mr Peter Deed.

The court was required to determine whether to issue orders compelling the production of information to locate Mr Blyth and O Blyth, and whether to grant injunctions restraining Mr Deed from disclosing details of the proceedings and mandating him to instruct his firm accordingly.

Justice Murphy reasoned that the court possessed the power to make such orders to facilitate the location of the individuals in question. The court ordered Cranston McEachern Lawyers to produce all details within their files pertaining to Mr Blyth's bank accounts, credit cards, company accounts, property, telephone numbers, travel plans, and current locations, or any other information that might assist in locating Mr Blyth or O Blyth. Furthermore, the court issued injunctions restraining Mr Deed from disclosing details of the orders or the hearing to the father, his family, friends, and associates, and directed him to advise and instruct his firm members and employees to observe the same non-disclosure. Any information provided to the Registrar was to be released to the legal representative of the Central Authority upon request.

Orders

Orders of the court

IT IS ORDERED UNTIL FURTHER ORDER THAT

Cranston McEachern Lawyers be requried to produce to a Registrar of this Court nominated by the Principal Registrar, any and all details contained within their files held on behalf of the Respondent Mr Blyth in relation to any bank accounts, credit cards, company accounts, real or other property, telephone numbers (whether land lines or mobiles), fax numbers any travel plans or current locations of Mr Blyth or O Blyth born … May 2009 or such other information as may assist in locating the said Mr Blyth or O Blyth.

The solicitor for the Respondent, Mr Peter Deed, be injuncted from, and an injunction be issued restraining Mr Deed from, disclosing to the father and/or his family, friends and associates any details of these orders or details of the hearing of the Application in a Case filed on 22 January 2010.

By way of mandatory injunction Mr Deed is directed to:

a) advise the members and employees of his firm that an order has been made in terms of paragraph (2) of these orders; and

b) instruct the members and employees of his firm to not themselves disclose to the father and/or his family, friends and associates any details of these orders or details of the hearing of this Application in a Case filed on 22 January 2010.

Any information provided to the Registrar of this Court by Mr Deed or Cranston McEachern Lawyers pursuant to paragraph (1) of these orders, shall be released by the said Registrar to the legal representative of the Central Authority upon a request being made by them.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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