State Central Authority; Secretary, Department of Human Services and Milin

The Family Court of Australia, in the matter of State Central Authority; Secretary, Department of Human Services and Milin, considered an urgent application concerning a child, L, who was allegedly brought from New Zealand to Australia by her father without the mother's consent. The applicant, the State Central Authority, acting on behalf of the Secretary of the Department of Human Services, sought orders to prevent the child's removal from Australia and to secure her welfare. The respondent, Mr Milin, did not appear at the hearing.

The primary legal issue before the Court was whether to grant interim injunctive relief and other protective measures to safeguard the child's position, given the circumstances of her arrival in Australia and the potential for her removal. Specifically, the Court had to determine if it was appropriate to proceed ex parte, to adjourn the matter for further mention, and to issue orders restraining the respondent from removing the child from Australia or Victoria, dictating her residence, placing her on an Airport Watch List, and requiring the surrender of her passports.

Justice Cronin, in his reasoning, noted the urgency of the application and the assertion that the child had been brought from New Zealand by her father surreptitiously, following the parties' separation. The Court found sufficient grounds to proceed on an ex parte basis, as the proposed orders were interim in nature and intended to preserve the status quo until a further hearing, thus causing no prejudice to the respondent. The Court applied principles relating to child abduction and the need for immediate protective measures in such circumstances.

Consequently, the Court granted the applicant leave to proceed without notice to the respondent. The application was adjourned to a later date for further mention. Crucially, the Court issued injunctions restraining the respondent from removing the child from Australia or Victoria, from allowing her to reside elsewhere than her current address or an agreed alternative, and directed the Australian Federal Police to place the child's name on the Airport Watch List. The respondent was also ordered to forthwith deliver up any passports held for the child and was restrained from applying for new ones pending further orders.