Okien and Nhan

In the matter of Okien and Nhan, Cronin J of the Federal Circuit Court of Australia considered applications for interim and final relief. The proceedings involved a dispute between a wife and a husband, Mr Nhan, concerning family law matters.

The court was required to determine whether to grant an injunction restraining the husband from leaving Australia, the terms of service for various applications and affidavits, and the wife's entitlement to costs on an indemnity basis. The court also considered the husband's attendance at future hearings and the potential for his arrest if he failed to appear.

Cronin J reasoned that an injunction was necessary to prevent the husband from leaving the Commonwealth of Australia, directing the Australian Federal Police to place his name on the Airport Watch List indefinitely. The court granted the wife leave to file and serve a contempt application, an amended application, and supporting affidavits by a specified date, with service to be effected by email and prepaid post. Further, the court ordered that if the husband failed to attend the hearing on 10 November 2017, the wife could seek a warrant for his arrest. The wife was also awarded costs fixed at $12,309 on an indemnity basis, with the question of payment reserved.