Wardell and Wardell

In proceedings before Judge Harman, the parties, identified as Wardell and Wardell, presented allegations of family violence and concerns regarding each other's involvement with organised crime and drug-dealing. Despite the absence of a formal Notice of Abuse or Family Violence, the court noted that disclosures made to a Family Consultant suggested such a notice was warranted. The central dispute revolved around the relevance and discoverability of information held by the NSW Police concerning the parties, including potential past police involvement related to family violence, organised crime, and other criminal activities.

The court was required to determine the appropriateness of making orders pursuant to section 69ZW of the Family Law Act 1975 (Cth) or issuing subpoenas to compel the production of material from the NSW Police. A key legal issue was whether such orders or subpoenas could be effectively made or issued without knowing the parties' former names, and the legality and efficacy of compelling the disclosure of information held by the police. Furthermore, the court had to consider the potential preclusion of disclosure under section 32 of the Witness Protection Act 1995 (NSW), which carries criminal penalties for revealing information about participants in the Witness Protection program.

Judge Harman reasoned that section 67ZBB of the Family Law Act 1975 (Cth) mandates prompt action regarding allegations of family violence, requiring the court to consider interim orders to obtain evidence expeditiously and protect parties and children. While no formal notice was filed, the court found that the disclosed information indicated a need for police records, even if not directly related to family violence, as they might pertain to organised crime and other criminal activities relevant to the proceedings. The court acknowledged the applicant's submission that subpoenas should be issued, allowing the police to object to production if appropriate, but highlighted the significant impediment posed by the Witness Protection Act. Consequently, the court ordered that each party must, within seven days, notify the Commissioner of Police NSW of the proceedings and their requirement to give evidence.