Director-General, Department of Communities, Child Safety and Disability Services and Hamnett

The Director-General, Department of Communities, Child Safety and Disability Services, acting as the central authority under the Family Law (Child Abduction Convention) Regulations 1986, applied to the Family Court of Australia for orders concerning two children, J and T. The application, filed on 25 February 2014, sought interim orders to place the names of the respondent mother, Ms Hamnett, and the children on the Family Law Watch List at all international departure points in Australia. The father sought access to the children on certain terms, and the application had not yet been served on Ms Hamnett.

The primary legal issue before the court was whether there was a sufficient basis to grant interim orders for the placement of the mother and children on the Family Law Watch List, thereby preventing their potential abduction from Australia. The court was required to consider the application made under the Hague Convention and the relevant regulations, and to determine if the material presented established a prima facie case for such protective measures. The court also considered the procedural aspects, including the need for service on the respondent and the provision for future hearings.

Justice Kent found that the contents of the application provided a prima facie basis for making the interim orders. The court reasoned that the proposed orders, including the placement on the Family Law Watch List and the requirement for notification to the Australian Federal Police, were necessary to protect the children. The court also noted that the inclusion of a liberty to apply provision adequately protected the respondent mother's interests, allowing her to be heard on the matter before the next scheduled mention date.

The court made orders as per the draft presented, including that the Commissioner of the Australian Federal Police place the names of Ms Hamnett and the children on the Family Law Watch List. The Marshal of the Family Court and law enforcement agencies were empowered to give effect to these orders. The applicant was permitted to notify the Australian Federal Police and was required to serve a copy of the orders on them as soon as practicable. The matter was adjourned for further mention on 17 March 2014 at 9 a.m., with liberty to apply granted.