Fallon & Bashandi

In the matter of *Fallon & Bashandi*, heard by Cronin J, the dispute concerned a wife and child who were in Egypt and unable to leave due to a travel ban imposed by that country at the husband's request. The wife sought orders from the Australian court to facilitate their departure from Egypt and to address the husband's actions.

The court was required to determine whether it had jurisdiction to make orders concerning the wife and child's ability to leave Egypt, given their location. Further issues included the appropriateness of ex parte orders made on potentially questionable evidence and the power to make orders for the child to live with the mother pending further determination.

Cronin J reasoned that the court possessed jurisdiction to make orders in this matter, particularly concerning the husband's conduct within Australia and his ability to influence the wife and child's situation in Egypt. The court applied principles relating to the court's power to restrain a party within its jurisdiction from taking actions that would prevent a child from returning to Australia or that would otherwise prejudice the child's welfare. The court also considered the need to ensure the child's living arrangements were with the mother pending further orders.

The court made several orders, including permitting the wife to notify Australian and Egyptian authorities of the case details and requiring the husband to take steps to withdraw the travel ban on the wife and child from Egypt. The husband was restrained from leaving Australia and ordered to surrender his passports. The existing order for the child to live with the wife was continued until further order. The court also adjourned the substantive application but dismissed the application for interim orders, while granting the husband leave to seek parenting orders.