Colombo & Richardson

In the Federal Circuit Court of Australia, Ms. Colombo (the Applicant Mother) sought to proceed with an application against Ms. Richardson (the First Respondent Grandmother) and Mr. West (the Second Respondent Father). The dispute arose in the context of existing final orders made in 2019 concerning the parties' three children. The Maternal Grandmother had filed an application seeking to dismiss the Mother's current application.

The court was required to determine whether the Applicant Mother should be permitted to proceed with her application, and whether the First Respondent Grandmother's application to dismiss the Mother's application should be granted. The court also needed to consider the implications of potential family violence allegations and the application of specific provisions of the *Family Law Act 1975* (Cth) regarding cross-examination of parties.

Justice O'Shannessy permitted the Mother to proceed with her application, referencing rule 16.05 of the *Federal Circuit Court Rules 2001* (Cth). The court dismissed the Maternal Grandmother's application made pursuant to *Rice & Asplund* seeking to dismiss the Mother's application. The court noted that particulars of obligations and consequences of contravention of orders were set out in an annexure, and that in proceedings where family violence is alleged and section 102NA of the *Family Law Act 1975* applies, unrepresented parties may be prohibited from personally cross-examining other parties.

The matter was adjourned to the Federal Circuit Court of Australia at Melbourne for a mention hearing.