Attorney General in and for the State of New South Wales; ex parte Thomas Hollins [2016] NSWSC 622

Supreme Court New South Wales

Medium Neutral Citation: Attorney General in and for the State of New South Wales; ex parte Thomas Hollins [2016] NSWSC 622 Hearing dates: 10 May 2016 Date of orders: 10 May 2016 Decision date: 10 May 2016 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph 22 Catchwords: EVIDENCE ON COMMISSION – request from the District Court in the Czech Republic for orders under s 33 of the Evidence on Commission Act 1995 (NSW) – request for DNA testing to determine paternity of child – orders made Legislation Cited: Evidence on Commission Act 1995 (NSW), ss 32, 33 Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters Status of Children Act 1996 (NSW), ss 3, 26 Status of Children Regulation 2013 (NSW), cl 5 Cases Cited: E v H (1986) 7 NSWLR 212 G v H (1994) 181 CLR 387 Category: Principal judgment Parties: Attorney General in and for the State of New South Wales Representation: Counsel: P Hill (Plaintiff)

Solicitors: Crown Solicitor for NSW (Plaintiff) File Number(s): 2015/306722

Judgment

Introduction 1. By summons filed on 19 October 1995, the Attorney-General for the State of New South Wales (the plaintiff) seeks orders including the following: An order pursuant to ss 33(1), (2) and (3)(f) of the Evidence on Commission Act 1995 (NSW) for the taking of two samples of buccal mucosa and a control blood spot, from Thomas Hollins of [address supplied] in the State of New South Wales. 1. The purpose of the samples the subject of the order is to ascertain whether Mr Hollins is the father of a girl who is presently three years old and living in the Czech Republic. 2. Mr Hollins, in respect of whom the order was sought, was present in Court at the hearing of the application. He confirmed that he opposed the order; that he did not wish to seek legal advice; and that he would not provide the samples voluntarily. 3. Mr Hill, who appeared on behalf of the plaintiff, read the affidavits of Emily Howes affirmed on 28 August 2013 and of Nicole Hailstone-Bradley affirmed on 19 October 2015 in support of the application and tendered a transcript of an examination of Mr Hollins on 26 November 2015.