Upton and Upton

In the matter of *Upton and Upton*, heard before Justice Cronin, the husband sought interim orders concerning the parties' child. The wife was not present and had not been served with the application.

The primary legal issue before the court was whether to grant the husband leave to proceed with his application in the wife's absence, and to make interim orders restraining the removal of the child from Australia. The court also had to consider the appropriate method for ensuring compliance with any such orders.

Justice Cronin granted the husband leave to proceed, acknowledging the urgency of preventing the child's removal from Australia. The court reasoned that the potential harm of the child being removed outweighed the procedural irregularity of proceeding without service, particularly given the limited nature of the interim orders sought. The court made orders restraining both parties from removing the child from the Commonwealth of Australia and requested the Australian Federal Police to place the child's name on the Airport Watch List. The application for further interim orders was adjourned to a later date, with directions for service of the application and supporting documents upon the wife.