In the application of her Majesty's Attorney General in and for the State of New South Wales under ss 32 and 33 of the Evidence on Commission Act 1995 [2007] NSWSC 1501

New South Wales Supreme Court

CITATION : In the application of her Majesty's Attorney General in and for the State of New South Wales under ss 32 and 33 of the Evidence on Commission Act 1995 [2007] NSWSC 1501

HEARING DATE(S) : 22 October 2007

JUDGMENT DATE : 9 November 2007

JUDGMENT OF : Harrison J

DECISION : Order made pursuant to s 33(1)(2) and (3)(f) of the Evidence on Commission Act 1995 for the taking and testing of blood and buccal samples in relation to the establishment of paternity

CATCHWORDS : EVIDENCE - Evidence on Commission Act 1995 – request from Swedish court for the taking of evidence abroad, namely blood and buccal samples from putative father of child for the purposes of establishing paternity

Australian Citizenship Act 1948 LEGISLATION CITED : Evidence on Commission Act 1995 Status of Children Act 1996

British American Tobacco Australia Services Ltd v Eubanks (2004) 60 NSWLR 483 CASES CITED : E v H (1986) 7 NSWLR 212 G v H (1994) 181 CLR 387 Piggott and Anor v Harrex and Anor [2000] TASSC 72

PARTIES : Attorney General in and for the State of New South Wales (Plaintiff)

FILE NUMBER(S) : SC 13239 of 2007

COUNSEL : Mr Greg Moore (Plaintiff)

SOLICITORS : I V Knight, Crown Solicitor for New South Wales (Plaintiff)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HARRISON J

9 November 2007

13239 of 2007 In the application of her Majesty's Attorney General in and for the State of New South Wales under ss 32 and 33 of the Evidence on Commission Act 1995

JUDGMENT 1 HARRISON J: By his summons filed 28 June 2007 the plaintiff seeks an order pursuant to s 33 of the Evidence on Commission Act 1995 for the taking and testing of blood and buccal samples from a putative father, Mr G. Further orders are sought providing a regime to give effect to that order if granted.