Bondai and Bretton

In *Bondai and Bretton*, the Family Court of Australia considered an application by the mother, Ms Bretton, seeking to dismiss or permanently stay the father's, Mr Bondai's, application for parenting orders. This application was made notwithstanding a previous unsuccessful attempt by the mother to have the father's application dismissed on "Rice v Asplund" grounds, against which she had filed an appeal that was pending. In the alternative, the mother sought $200,000 by way of security for her costs. The mother also sought a stay of previous orders made in June 2012, pending the determination of her appeal.

The court was required to determine whether the father's parenting orders application had no realistic prospects of success, thereby warranting dismissal or a permanent stay. It also needed to consider whether the circumstances justified an order for security for costs against the father, and whether the court's previous orders should be stayed pending the mother's appeal. The paramount consideration throughout was the best interests of the children.

Justice Forrest found that the father's substantive application was not "doomed to fail," particularly in light of further evidence and answers provided by a psychiatrist, Dr W. The court determined that the evidence did not persuade it that its previous finding of a likelihood of significant variation to existing orders was incorrect. Consequently, the application for dismissal or a permanent stay of the father's proceedings was dismissed. Regarding security for costs, the court considered the financial circumstances of both parties, noting the father's receipt of legal aid and limited income, and concluded that ordering security would be oppressive and likely stifle his ability to pursue his application. Therefore, this application was also dismissed. Finally, the court declined to stay its previous orders pending the appeal, finding no compelling reason to do so and noting that it was unlikely a trial would occur before the appeal was heard.