Tallant & Kelsey (No. 3)

In proceedings before Hannam J of the Family Court of Australia, the dispute concerned the welfare and wellbeing of children. The court considered a request for the Secretary of the NSW Department of Family and Community Services to intervene in the proceedings.

The primary legal issue before the court was whether to grant leave for the Secretary to intervene and, if so, to make consequential orders regarding the filing and service of a Notice of Intervention and access to court documents. The court also addressed directions for the upcoming resumed hearing, including the father's compliance with previous orders and the filing of affidavits by both parties concerning matters arising after 10 June 2016. Further issues included the parties' liberty to issue subpoenas and interim orders restraining the father from spending time with the children, and the mother from facilitating such contact, outside of specific assessment circumstances.

Hannam J ordered that the Secretary of the NSW Department of Family and Community Services be requested to intervene in the proceedings pursuant to s 91B of the *Family Law Act 1975* (Cth). Leave was granted for the Secretary to inspect and copy documents on the court file. The court confirmed the hearing dates for the resumed hearing commencing 5 December 2016, noting that the matter would proceed undefended if the father failed to appear. Both parties were ordered to file and serve affidavits concerning the children's welfare and contact with the father since 10 June 2016. The father was restrained from spending time with the children except as per prior orders or during an assessment, and the mother was similarly restrained from facilitating contact outside these parameters.