SABINA & SABINA

In the matter of *Sabina & Sabina*, Foster J of the Family Court of Australia considered an application by Ms Sabina (the Applicant) against Mr Sabina (the Respondent). The dispute concerned the possession of a property located at C Street, Suburb D NSW, and the Applicant sought orders for the removal of the Respondent from the premises and for him to be restrained from attending the property.

The primary legal issues before the Court were whether to grant the Applicant leave to proceed on an *ex parte* basis, and if so, whether to issue a warrant for the Australian Federal Police, assisted by the New South Wales Police, to remove the Respondent from the property and place it in the Applicant's possession. The Court was also required to determine whether to restrain the Respondent from entering the property or coming within 500 metres of it thereafter, and to make orders regarding costs and security for those costs.

Foster J granted the Applicant leave to proceed *ex parte*, indicating that the circumstances warranted such an approach. The Court then ordered the issue of a warrant to the Australian Federal Police, with the assistance of the New South Wales Police, to remove Mr Sabina from the specified property and to place it in Ms Sabina's possession. Following the execution of this warrant, Mr Sabina was restrained from entering the property or having any agent enter it, and was further restrained from coming within 500 metres of the property. The Court also ordered that the Respondent pay the Applicant’s costs, to be secured by a charge against the Respondent’s share of the proceeds of sale of the property.