State Central Authority and Madan

The applicant, the State Central Authority, sought orders from the Family Court of Australia concerning the location of Ms Madan and her two children, B and F. The matter concerned child abduction under the Hague Convention and was brought urgently. The respondent, Ms Madan, appeared in person.

The court was required to determine whether to grant information orders pursuant to sections 67N and 67M of the *Family Law Act 1975* (Cth) to assist in locating the respondent mother and the two children. Specifically, the court considered applications for orders directing the Secretary to the Department of Human Services to provide information from Medicare and Centrelink records, and for orders directing the General Manager of the Residential Tenancies Bond Authority and the Director of Vic Roads to provide information from their respective records. The court also considered whether to grant leave to disclose the information obtained to various parties.

Justice Cronin applied section 67N of the *Family Law Act 1975* to authorise the Secretary to the Department of Human Services to provide information from Medicare and Centrelink regarding the whereabouts of Ms Madan and the children. Similarly, pursuant to section 67M of the *Family Law Act 1975*, the court ordered the General Manager of the Residential Tenancies Bond Authority and the Director of Vic Roads to provide information concerning Ms Madan's whereabouts. The court found it appropriate to make these orders notwithstanding that the State authorities had not been formally served, as they were not prejudiced and the urgency of the matter, concerning the interests of the children, outweighed any potential prejudice to government departments. Leave was also granted to disclose the information obtained to the applicant's solicitor, a process server, and relevant Central Authorities.

The application was adjourned to 15 February 2013. The orders for information disclosure were to remain in currency for one year from the date of the order, with the relevant departments not required to search their records more than once per month.