Yates and Woodford & Ors (No 3)

In *Yates and Woodford & Ors (No 3)*, Johns J of the Family Court of Australia considered an application concerning the welfare of five children. The proceedings involved the parents, identified as the first and second respondents, and the maternal grandmother, who sought specific orders regarding the child B. The core of the dispute revolved around the safety and living arrangements for the children, with particular concern for child B.

The court was required to determine several critical issues relating to the children's welfare and the involvement of relevant government agencies. These included whether the Secretary of the Department of Health and Human Services should intervene in the proceedings, the status of any existing or intended proceedings in the Children's Court concerning the children, and the Department's views on recommendations made in a family report, including accommodation and counselling for child B. The court also needed to consider the Department's stance on an order sought by the maternal grandmother for supported residential care for child B, and any other relevant welfare or professional reports concerning the children.

Johns J, by consent and by the court's own motion, made several orders aimed at gathering further information and ensuring appropriate support for the children. Crucially, the court requested the intervention of the Department of Health and Human Services pursuant to section 91B of the *Family Law Act 1975* and directed the Department to provide a section 69ZW report. This report was to address the Department's involvement with the children in both family and criminal jurisdictions, its views on the family report's recommendations, the maternal grandmother's proposed order, and any other relevant information. The court also vacated the trial date, adjourned proceedings for a mention, requested Victoria Legal Aid to continue funding for the parents, and made orders regarding the use and destruction of documents produced under subpoena.