Whitman and Burr (No 3)

In *Whitman and Burr (No 3)*, Murphy J of the Family Court of Australia considered an application by the father for leave to publish certain documents and orders from earlier proceedings, and also dealt with various applications and requests concerning the representation of the children. The mother had filed a response which was dismissed.

The primary legal issues before the court were whether the father should be granted leave to publish specific documents from prior proceedings, notwithstanding the confidentiality provisions of section 121 of the *Family Law Act 1975*, and how the interests of the two children, C born January 1994 and C born December 1997, should be independently represented. The court also addressed the dismissal of certain paragraphs from the father's application and the service of the mother's initiating application.

Murphy J granted the father leave to publish affidavits from expert witnesses, court orders and reasons, and other evidence from the proceedings, to specific government departments, psychologists, the Children's Court, legal representatives, and police officers. This leave was granted to the extent that the exceptions in section 121(9)(g) of the *Family Law Act 1975* or other provisions did not otherwise authorise such publication. The court also requested Legal Aid Queensland to arrange for an Independent Children's Lawyer, specifically suggesting the reappointment of Ms Chan if available, or an experienced alternative. The interests of both children were to be independently represented.