Killough and Garbiec

In the matter of *Killough and Garbiec*, Henderson J considered a dispute between a father and mother concerning the removal of their two children from Australia. The father alleged that the children's removal was wrongful and occurred without his knowledge or consent.

The central legal issue before the court was to determine whether the removal of the children from Australia constituted a wrongful removal under the relevant international conventions and Australian law. The court was also required to consider the implications of this determination for child support obligations and the ongoing proceedings.

Henderson J declared that the removal of the children from Australia was indeed wrongful and had been effected without the father's knowledge and consent. Consequently, the court granted a stay on child support payments, stipulating that the father was to continue paying $1,112 per month for the children pending further orders. The matter was then placed in a pool of cases awaiting final determination, with its resolution contingent on the outcome of related Hague proceedings. The parties were granted leave to relist the matter on seven days' notice.