Dalton & Nagle

In the matter of *Dalton & Nagle*, heard by Henderson J, the applicant mother sought property settlement orders and interim parenting orders. The respondent father sought the summary dismissal of the property application and argued that the interim parenting application constituted an abuse of process.

The central legal issues before the court were whether the mother's property application, in the absence of evidence regarding the parties' financial relationship, disclosed a cause of action capable of being determined under section 90SM of the *Family Law Act 1975* (Cth), and whether the interim parenting application was an abuse of process given ongoing parenting proceedings in New Zealand.

Henderson J applied the principles governing applications for summary dismissal, finding that the mother's case, taken at its highest, did not raise an issue that a court would be required to determine under section 90SM of the Act. The court noted that the mother continued to actively participate in parenting proceedings in New Zealand. Consequently, the property application was summarily dismissed.

The court further ordered that the mother's interim parenting application be dismissed as an abuse of process. The Initiating Applications and Applications in a Case filed by the mother were dismissed.