Smith and Herbert

In the matter of Smith and Herbert, Dessau J considered an application by the mother for leave to proceed ex-parte with her application filed on 25 March 2011. The dispute involved the father, Mr Herbert, and concerned the child S.

The court was required to determine whether to grant the mother leave to proceed ex-parte and to make interim orders regarding the father's ability to leave the Commonwealth of Australia. Additionally, the court needed to consider the status of any Hague Convention proceedings in relation to the child S.

Dessau J granted the mother leave to proceed ex-parte. The court reasoned that it was necessary to make orders restraining the father from leaving Australia until further order, requesting the Australian Federal Police to place his name on the airport WATCH LIST. The court also ordered personal service of the mother's initiating application, affidavit, and the court's orders on the father. Furthermore, the court directed that a copy of the orders and the mother's application be forwarded to the Department of Human Services to ascertain the status of Hague Convention proceedings, with a relevant officer requested to attend court. The existing application was adjourned to 11 April 2011.