Hugh and Sawer and Anor (Reinstate Certain Orders)

In the matter of *Hugh and Sawer and Anor*, Justice Bennett of the Family Court of Australia considered an application by the wife for the reinstatement of certain orders made on 24 May 2010. These orders had previously restrained the father and Ms B from contacting or approaching the mother. The dispute concerned the re-establishment of these protective measures.

The primary legal issue before the court was whether to grant leave for the wife to make an oral application for the reinstatement of specific paragraphs of the 2010 orders, and if so, whether those paragraphs should be reinstated. The court was required to determine if the circumstances warranted the re-imposition of prohibitions against the father and Ms B contacting or approaching the mother.

Justice Bennett granted leave for the wife to make the oral application and proceeded to reinstate paragraphs 5(a) and 5(c) of the 2010 orders. These paragraphs prohibited the father and Ms B from contacting the mother, except as permitted by subsequent parenting orders or with the mother's written consent, and from approaching within 200 metres of the mother's residence, again subject to exceptions. The court reserved liberty to Ms B and the father to apply to vary or set aside this reinstatement order within 14 days. The decision was made following abusive outbursts from the father during the delivery of reasons for decision, which led to the termination of a telephone link.