The applicant child protection agency brought a Wagg motion seeking production of the complete Crown Brief regarding pending criminal charges against the respondent father for sexual offences against his child.
The Attorney General opposed production, arguing it could prejudice the ongoing criminal prosecution and taint witnesses.
The court granted the motion, finding that the agency met the test under Rule 19(11) of the Family Law Rules and that the rights and interests of the parties in the child protection proceeding outweighed any possible prejudice to the Attorney General in the criminal proceedings.
