HUDA & HUDA (No.2)

In the matter of HUDA & HUDA (No.2), Judge Howard of the Federal Circuit Court of Australia considered whether to refer the proceedings concerning Mr Huda to the Commonwealth Director of Public Prosecutions (CDPP) for consideration of prosecution. The dispute involved findings made by the Court against Mr Huda, which the mother, through her lawyers, submitted warranted referral to the relevant authorities.

The primary legal issue before the Court was whether the conduct of Mr Huda, as revealed in the proceedings, constituted an offence under Commonwealth law, specifically in relation to fabricating or making use of fabricated evidence with the intention of misleading a federal judicial proceeding, as contemplated by section 36(1) of the *Crimes Act 1914* (Cth). The Court also considered the implications of referring such matters to the CDPP, referencing previous decisions regarding the nature of such referrals.

Judge Howard reasoned that section 36(1) of the *Crimes Act 1914* (Cth) outlines the offence of fabricating evidence with the intent to mislead a federal judicial proceeding. His Honour noted the mother's submission for referral and drew upon the decision in *In the Marriage of P & P*, which held that a referral of papers to the Attorney-General did not constitute a "publication" under section 121 of the *Family Law Act 1975* (Cth), a conclusion supported by earlier Full Court authority.

Consequently, the Court ordered that the Registrar of the Federal Circuit Court of Australia forward the Reasons for Judgment, the Transcript of Proceedings, and the Exhibits to the Commonwealth Director of Public Prosecutions for consideration as to whether Mr Huda should be prosecuted, having regard to the findings made against him.