Khorsandi and Rashidi

Case

[2014] FamCA 474

1 July 2014


Details
AGLC Case Decision Date
Khorsandi and Rashidi [2014] FamCA 474 [2014] FamCA 474 1 July 2014

CaseChat Overview and Summary

In the matter of *Khorsandi and Rashidi*, heard before Hannam J in the Federal Circuit Court of Australia, the applicant mother sought urgent interim orders against the respondent father. The application involved an application for the matter to be dealt with urgently and on an *ex parte* basis, as well as seeking orders for personal protection under section 68B of the relevant Act, with a power of arrest attaching under section 68C.

The primary legal issues before the court were whether to grant leave for the matter to proceed urgently and on an *ex parte* basis, and whether to grant the interim personal protection orders sought by the applicant mother. The court was also required to consider the appropriate method of service on the respondent father.

Hannam J granted leave for the matter to be dealt with on an urgent basis, adjourning it to a later date. However, the application for the matter to be dealt with *ex parte* was dismissed, except in relation to the personal protection order. The court ordered that the respondent father be served by a specific date, with an affidavit of service attempts to be filed if service was unsuccessful. Crucially, the court made an interim order restraining the father from contacting or approaching the mother, pursuant to section 68B of the Act, with a power of arrest attaching under section 68C, albeit with the deletion of the words "and children" from the proposed order. An interpreter was also to be arranged for the mother on the adjourned date.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Jurisdiction

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