Department of Community Services and Hadzic

This matter concerned an application by the Director-General of the Department of Community Services regarding the return of two children, MW and M, to the United Kingdom. The dispute involved the conditions under which the children, accompanied by their mother, would be returned to England and Wales, and the father's obligations in facilitating this return. The proceedings were before Le Poer Trench J.

The court was required to determine the specific conditions that must be satisfied for the children's return to the United Kingdom, including financial contributions from the father for travel, notification requirements upon arrival, and undertakings from the father regarding his future conduct towards the mother and children. The court also had to consider the timing of these conditions and the potential discharge of interim orders.

Le Poer Trench J ordered that the children and their mother be returned to England and Wales forthwith, subject to the satisfaction of several conditions. These included the father providing funds for air travel by a specified date, the Director-General notifying the father of the mother and children's arrival, and the father providing a written undertaking, witnessed by a UK legal professional, to the mother and the court. This undertaking was to include restrictions on approaching or contacting the mother and children, and provisions regarding the former matrimonial home and future court proceedings in the UK. The court also ordered the mother's solicitor to deliver the children's and mother's passports to the Registrar. The interim orders were to continue pending further order, and the Director-General was granted leave to relist the matter to implement the return or seek further orders. The parties also had leave to relist to seek discharge of the interim orders immediately before the children's removal. A deadline was set for the satisfaction of the conditions, after which parties could apply to discharge the return order. The Director-General's application for costs was reserved.