COMMONWEALTH CENTRAL AUTHORITY & FULLER

The matter before Benjamin J concerned an application by the Secretary of the Department of Attorney General, which was opposed by the respondent mother, Ms Fuller, in relation to the child J. The dispute centred on the possession of passports belonging to Ms Fuller and the child, and the child's presence on an Airport Watch List.

The court was required to determine whether to grant the Secretary's application, and consequently, what orders should be made regarding the passports, the Airport Watch List, and the general conduct of the proceedings. The court also considered the reasonableness of engaging counsel.

Benjamin J dismissed the application by the Secretary of the Department of Attorney General. The court ordered that Ms Fuller be at liberty to collect her passport and that of the child from the Registry Manager. Furthermore, the Australian Federal Police were directed to remove the child's name from the Airport Watch List at all international arrival and departure points. The proceedings were removed from the list of cases requiring determination, and all subpoenaed documents and exhibits were to be returned to their original custodians. The court certified that it was reasonable to engage counsel to attend.