HOGAN & NAZARIN

The proceedings concerned an application by the mother for interim orders concerning her child, with allegations of domestic violence against the father. A provisional apprehended domestic violence order was in place against the father, protecting both the mother and the child. The court had grave concerns for the safety of the mother and child, noting a risk of physical violence and psychological harm. The father was also in custody at the time of the application.

The central legal issue before Foster J was whether it was appropriate for the interim application to be heard ex parte, meaning in the absence of the father. This required the court to consider the specific circumstances, including the allegations of domestic violence and the potential risks to the mother and child, in determining whether to proceed without the father's participation.

Foster J determined that an ex parte hearing was appropriate in these circumstances. The court applied the principles governing interim applications in family law, particularly where there are allegations of domestic violence and a demonstrable risk of harm to a child. The paramount consideration of the child's best interests, as mandated by the *Family Law Act 1975* (Cth), weighed heavily in favour of making urgent orders to protect the mother and child. The father's current custody status was also a relevant factor in assessing the practicality and necessity of an ex parte hearing.

The court made orders as sought by the mother.