Carpenter and Carpenter

In the matter of *Carpenter and Carpenter*, Cronin J considered an application by the husband for urgent interim orders concerning the parties' children and the wife's accommodation and maintenance. The dispute arose in circumstances where the wife and children were in South Africa, and the husband sought to facilitate their return to Australia.

The court was required to determine whether to grant the husband leave to make the application without notice to the wife, and whether to exempt the husband from the usual notice requirements under s 60I of the *Family Law Act 1975* (Cth) due to the urgency and nature of the matters. Further, the court had to make interim orders regarding the children's living arrangements, the wife's occupation of the family home, spousal and medical maintenance, and the husband's time with the children. The court also had to consider orders facilitating the wife and children's travel from South Africa to Australia.

Cronin J granted the husband leave to proceed without notice and exempted him from the s 60I notice provisions, finding that the circumstances warranted such orders. The court made orders for the children to live with the wife, for the wife to have sole use and occupation of the family home, and for the husband to meet mortgage payments. Spousal maintenance of $1500 rand per week was ordered upon the wife's arrival in Australia, along with the husband meeting reasonable medical and dental expenses. The husband was ordered to facilitate the children's time with him under supervision and to take all necessary steps to enable the wife and children to travel from South Africa to Australia, including the cost of airfares and road transportation. The court also ordered that the orders and reasons for judgment be expedited and served on the wife and the South African Family Advocate. The husband's application was adjourned for further hearing.