Bemert & Swallow

This matter concerned an application by a maternal grandfather, Mr Bemert, and maternal great grandparents, Mr and Mrs Bemert (Snr), for parenting orders to spend time with their grandchildren. The respondents, Mr and Mrs Swallow, sought the summary dismissal of these applications or, alternatively, a permanent stay. The court was also informed that Mr Bemert had previously been declared a vexatious litigant in other jurisdictions.

The primary legal issues before the court were whether Mr Bemert's application was frivolous or vexatious, and whether the maternal great grandparents had the standing to bring a parenting application under section 65C(c) of the *Family Law Act 1975*. Additionally, the court considered the impact of an apprehended violence order (AVO) in place against Mr Bemert, which contained conditions that Mr Bemert's proposed parenting orders would seek to negate. The court also addressed the question of security for costs.

Justice Watts found that Mr Bemert's application was frivolous and vexatious, particularly in light of his prior declarations as a vexatious litigant and the allegations of childhood abuse against him by the respondent mother. The court determined that Mr Bemert should be prohibited from instituting further proceedings under the *Family Law Act 1975* without leave. The applications by both Mr Bemert and Mr and Mrs Bemert (Snr) were summarily dismissed.

The court ordered the summary dismissal of Mr Bemert's application filed on 20 February 2008. It further ordered that Mr Bemert be prohibited from instituting any proceedings under the *Family Law Act 1975* without leave. In the event of a re-hearing, Mr Bemert was ordered to pay $50,000 as security for costs. Similarly, the initiating application filed on 1 July 2008 by Mr and Mrs Bemert (Snr) was summarily dismissed, with a provision for $25,000 security for costs should the matter be remitted for re-hearing. The parties were given leave to apply for costs.