ACRES & CANNON

In the matter of *Acres & Cannon*, Benjamin J of the Family Court of Australia considered an application by a father for leave to institute proceedings under sections 102QE and 102QF of the *Family Law Act 1975* (Cth). This application was the first step in a process designed to prevent vexatious proceedings.

The primary legal issue before the Court was whether to grant the father leave to commence the proposed proceedings. This required the Court to assess the nature of the application and the materials filed in support thereof, in accordance with the legislative framework governing applications for leave to institute proceedings in circumstances where vexatious conduct is alleged.

Benjamin J ordered that the father's application for leave be listed for determination. The Court also directed the father to serve specific documents, including his application and supporting affidavits, on the mother, the Legal Aid Commission of Tasmania, Mr Tony FitzGerald, and Ms Q. The service on the mother was to be effected by a licensed process server by a specified date, while service on the other parties was to be by ordinary pre-paid post. Furthermore, the Court requested that the Legal Aid Commission of Tasmania consider funding Mr Tony FitzGerald as an Independent Children's Lawyer or an adversarial lawyer for the child in relation to the father's application.