Don and McGlennan (No 2)

In *Don and McGlennan (No 2)*, the father sought the dismissal of contravention proceedings on the basis that no case had been established against him. The proceedings were before Dawe J of the Family Court of Australia.

The central legal issue before the Court was whether it was appropriate to dismiss the contravention proceedings at a stage where the father had not yet presented his defence or evidence to the Court.

Dawe J held that it was inappropriate to dismiss the proceedings at that juncture, as the father had not yet had the opportunity to present his case. The Court reasoned that a party should not be prevented from presenting their defence in contravention proceedings before a determination on the merits has been made.

Consequently, the Court refused the father's request to dismiss the contravention proceedings at that stage.