Yashal and Yashal

In the matter of *Yashal and Yashal*, heard before Cronin J, the wife sought and was granted leave to proceed without notification to the husband. This decision arose in circumstances where the court was making orders in the absence of information from the husband, and the wife provided an undertaking through her counsel to pay any damages that might be ordered as a consequence of these ex parte orders.

The primary legal issues before the court concerned the appropriate procedural steps to be taken in family law proceedings where one party's whereabouts or ability to be notified were uncertain, and the balance to be struck between ensuring procedural fairness and enabling the progression of urgent matters. The court was required to determine whether to grant leave to proceed without notification, the terms of any such leave, and the appropriate interim protective measures for the parties' assets.

Cronin J applied principles relating to the court's power to make orders in the absence of a party and the need for an undertaking as to damages when granting interlocutory relief, particularly injunctions, in such circumstances. The court ordered that the applications be adjourned, directed the husband to file and serve a response and any replying affidavit by a specified date, and imposed an injunction restraining the husband from dealing with or disposing of specified sums of money in various bank accounts held by him and by E Pty Ltd. The wife was granted liberty to serve the husband by email and was ordered to serve a copy of the order and all filed documents upon him as soon as practicable, along with the reasons for judgment once provided.