Vale and Vale

This matter concerned an application before Hogan J of the Family Court of Australia. The proceedings involved the recovery of children, B and C, who were born in 2001 and 2004 respectively. A Recovery Order had been issued on 18 September 2014, authorising law enforcement agencies to recover the children, but this order had not yet been executed.

The court was required to determine the terms upon which a notice or report of these proceedings could be published or broadcast. Specifically, the court needed to decide what information could be disclosed to the public to assist in locating the children, while also considering any necessary limitations on such disclosure.

Hogan J granted permission for publication or broadcast of a notice or report, subject to approval by the Media Officer of the Family Court of Australia. The permissible content was strictly limited to the fact that a Recovery Order was issued and remained unexecuted, the full names and dates of birth of the children, a description of the children, a photograph of them, and any other information likely to assist in their location. The court also mandated the inclusion of a request for information regarding the children's whereabouts to be provided to the Australian Federal Police via Crime Stoppers. Furthermore, the court made provision for the publication of a report of the children's recovery, should that occur, subject to similar approval and content limitations. The applicant's costs were reserved.