Hough and Willis

The case of Hough and Willis involved an application by the wife, which was largely dismissed by Cronin J. The court discharged specific paragraphs from previous orders made on 16 April 2012 and 29 May 2012, and then dismissed the wife's application filed on 31 May 2012.

The primary legal issues before the court concerned the personal protection of the mother, her husband, and the children, and the procedural steps required for the final determination of extant applications for final orders. The court was also required to consider the role and advice of the Independent Children’s Lawyer.

Cronin J reasoned that an injunction was necessary for the personal protection of the mother, her husband, and the children, and made orders restraining the father from seeking to ascertain their addresses, approaching within 100 metres of those addresses, or approaching within 10 metres of the wife, her husband, or any of the children, except as permitted by any parenting order. The court also directed that all extant applications for final orders be listed for a hearing on 22 June 2012, requiring the parties to file amended applications and responses detailing the precise orders sought. The Independent Children’s Lawyer was directed to advise parties of their proposed orders and present a copy to the court. The court noted that non-compliance with the amended filing requirements could lead to an application to proceed on an undefended basis.