Tamal and Semak and Anor

This matter came before Foster J concerning an application by Tamal and another party, with the Independent Children’s Lawyer also involved. The dispute appears to relate to the welfare of a child and the potential disposition of property. The court considered applications for leave to proceed on short notice and for the Independent Children’s Lawyer to have an application heard ex parte. Additionally, the court addressed the joinder of Ms H Semak, identified as the paternal grandmother, as a Second Respondent.

The primary legal issues before the court were whether to grant leave for the application to be heard on short notice, whether to permit the Independent Children’s Lawyer to proceed ex parte, and whether to join Ms H Semak as a party to the proceedings. Furthermore, the court was required to determine whether to grant an injunction restraining Ms Semak from dealing with a specific property and to make orders regarding the service of documents on Ms Semak.

Foster J granted leave for the application to be listed on short notice and for the Independent Children’s Lawyer’s application to be heard ex parte. The court also granted leave to join Ms H Semak as the Second Respondent and issued an injunction restraining her from transferring, encumbering, or otherwise dealing with the property at O Street, Suburb P NSW, until further order. Orders were made for service of the application and supporting documents on Ms Semak through her son’s solicitors and by personal service at her residential address, accompanied by letters requesting the documents be provided to her. The application was adjourned for further judicial case management.