Chan & Chan & Anor

In the matter of *Chan & Chan & Anor*, heard before Judge Scarlett, the application concerned leave to intervene in parenting proceedings. The applicant, Ms Chan, who is the former wife of the father in the primary parenting dispute, sought to intervene in order to make her own applications regarding the child's time with her, specifically during school holidays.

The central legal issue before the court was whether Ms Chan was a "person concerned with the care, welfare and development of the child" for the purposes of the *Family Law Act 1975* (Cth), thereby granting her standing to apply for parenting orders. This required the court to determine if she had made out a *prima facie* case for such standing.

Judge Scarlett reasoned that Ms Chan had established a sufficient connection to the child to warrant granting her leave to intervene. The court applied the principles governing intervention in family law proceedings, focusing on whether the applicant had demonstrated a genuine interest and a plausible basis for seeking orders concerning the child's welfare. By making out a *prima facie* case that she was a person concerned with the child's care, welfare and development, Ms Chan satisfied the threshold for intervention.

Consequently, the court ordered that Ms Chan be granted leave to intervene in the proceedings.