The father opposes conventional HIV treatments
Following an all-day court hearing in Sydney, he will discover on Friday morning if he is to lose custody of the three-year-old.
He has vowed to fight on in both Australia and Europe to prevent her being given anti-Aids drugs against his will.
The man, who cannot be named for legal reasons, left the UK in 1999 with his then four-month old daughter.
The British court had ordered the baby girl to be tested for HIV after her mother was diagnosed with the infection.
She had ignored conventional medical advice to take drugs during pregnancy and abstain from breastfeeding to reduce the risk of transmission.
After more than two years living in Australia, and following the death of her mother, the toddler has now been tested there - and proved positive for HIV.
Defiance
The father - an alternative therapist with strong views on HIV treatments - is now defying doctors who claim the child is dying and want to start treating her with powerful antiretroviral drugs.
On Monday he was captured by Australian police after breaching a court order obtained by social services banning him from travel.
Police have now taken the girl into care for the duration of the court action.
He was actually on the brink of return to the UK - where he claims the authorities would be more sympathetic to him, despite his defiance of the 1999 High Court order.
He has vowed to fight any attempt by the courts to force his daughter to undergo medical treatment, and on Thursday will go to court to try to get his daughter back.
He told the BBC: "Several plainclothes detectives came to the house in which we were staying - they barged into the bedroom and told me they were taking my daughter away, that there was a warrant out for my arrest.
"We were bundled off to the police station - they didn't tell me when I was going to see my daughter again."
He claimed that his daughter was in good health, and that the gloomy prognosis of the paediatrician was over nothing more serious than a chest infection.
"She's going from strength to strength - but she's not had the same level of stress as I have over the past few weeks.
Punishment
"If you test positive for HIV in this country then you have no rights.
"I just want to leave as soon as possible and get back to the UK."
He says that he is planning an application to the European Court of Human Rights, saying the original High Court ruling breached his right to family life.
However, although the child has now been tested, action could still be taken to punish him for defying the court order by fleeing abroad.
In addition, social services in this country may intervene to force the use of conventional anti-HIV medication.
He told the BBC that he would fight this in the UK courts if necessary.
"I don't have any choice. I could ask the European Court of Human Rights to take out an injunction against court harassment in the UK."
Secret life
After arriving in Australia nearly three years ago on visitor visas, the family had lived quietly in a small town in the state of Victoria.
However, they came to the attention of the Australian authorities when the girl's mother became ill and died in October last year of a condition which her partner says was unrelated to HIV.
It was when her mother was hospitalised that staff used a blood sample of the child, taken for another purpose, to test for HIV.
At this point an Australian court ordered her to be held temporarily at the hospital while court proceedings started to compel her to receive antiretroviral treatment.
The father told the BBC that antiretrovirals were a "last resort", and highly unsuitable for use on children due to side-effects and toxicity.
However, Nick Partridge, from the Terrence Higgins Trust, a UK-based HIV/Aids charity, said that antiretrovirals were far less damaging than HIV itself.
"We have overwhelming evidence which tells us how this child can be kept healthy for many, many years."