State Central Authority; Department of Human Services and Fielding

The parties before the Family Court of Australia were the State Central Authority, Department of Human Services, as the applicant, and Mr Fielding as the respondent. The dispute concerned an application for ex parte orders, including an injunction, relating to a child, B. The application was made under the Family Law Act 1975 (Cth) and the Family Law Child Abduction Convention Regulations 1986.

The primary legal issue before the court was whether to grant the applicant leave to proceed ex parte with orders, and consequently, what interim protective orders should be made concerning the child. Specifically, the court had to determine if the circumstances warranted proceeding without the respondent father being present or having been served, and if so, what injunctions were necessary to prevent the child's removal from Australia or Victoria, or from their current residence, and to secure any passports.

Justice Cronin granted the applicant leave to proceed ex parte, noting that the father had retained the child in Australia contrary to the mother's custody rights, having brought the child to Australia for a holiday with the mother's consent. The court reasoned that the father's conduct, including a stated intention not to keep the mother informed of events, justified proceeding ex parte to prevent the father from leaving the current state. The court made orders, inter alia, restraining the father from removing the child from Australia or Victoria, or from residing elsewhere without the applicant's agreement, and directed the Australian Federal Police to place the child on the Airport Watch List and to enforce the injunctions. The respondent father was ordered to deliver up any passports for the child and was restrained from applying for new ones. The matter was adjourned for further hearing.