Cerros & Walding (No 2)

In the matter of *Cerros & Walding (No 2)*, heard by Terry J, the applicant father sought to prevent his Initiating Application from being dismissed at a preliminary stage pursuant to the Rule in *Rice & Asplund*. The dispute concerned parenting orders for the parties' child, X, and the potential change of X's surname.

The court was required to determine whether the father's Initiating Application should be dismissed at a preliminary stage, applying the principles established in *Rice & Asplund*. This involved assessing whether the material before the court made it necessary or proper, in the best interests of the child, to allow further proceedings to continue. The court also considered the broader context of Section 121 of the *Family Law Act 1975* (Cth), which prohibits the publication of identifying details in family law proceedings.

Terry J reasoned that the test in *Rice & Asplund* necessitates an assessment of the available material to ascertain if continuing proceedings is in the child's best interests. The court found that the father's application should not be dismissed prematurely, indicating that the issues raised warranted further consideration rather than an immediate cessation of proceedings.

The court ordered that the father's Initiating Application filed on 9 April 2020 shall not be dismissed at a preliminary stage pursuant to the Rule in *Rice & Asplund*.