AKHTARI & ALGHAZARI

In proceedings between the wife, AKHTARI, and the husband, ALGHAZARI, before Loughnan J, the wife sought a certificate under section 128 of the *Evidence Act 1995* (Cth) for evidence in chief, and an interim injunction pursuant to section 114 of the *Family Law Act 1975* (Cth). The application for the injunction was made ex parte.

The court was required to determine whether to issue a certificate under section 128 of the *Evidence Act* for specific paragraphs of the wife's affidavit, and whether to grant an interim injunction under section 114 of the *Family Law Act*. The latter involved considering the wife's claims of threats and risks associated with the husband and individuals connected to him.

Loughnan J reasoned that a certificate under section 128 of the *Evidence Act* could be issued for evidence in chief, and accordingly issued the certificate in relation to specified paragraphs of the wife's affidavit. Regarding the injunction, the court found that the balance of prejudice favoured granting the application, particularly in light of the references to threats and risks. The court also noted that the protective order made under section 114 attracted the powers of arrest without warrant under section 114AA of the *Family Law Act*.

The court ordered that a certificate under section 128 of the *Evidence Act* be issued for specified paragraphs of the wife's affidavit. An interim injunction was granted under section 114 of the *Family Law Act*, restraining the husband, his servants, and agents from assaulting, molesting, harassing, threatening, intimidating, stalking the applicant, or coming within 500 metres of her home, workplace, or a specific early learning centre. The proceedings were adjourned for a hearing on the wife's application for interim orders, including the continuation of the ex parte orders. The husband was ordered to be personally served with various documents and was required to file a Response and supporting affidavit.