Donnelly and Mulholland & Anor

In the matter of *Donnelly and Mulholland & Anor*, the applicant sought interim orders compelling the respondents to participate in a dispute resolution conference and to undergo parentage testing. The applicant also sought final orders under s 92(1) of the *Marriage Act 1961* (Cth) declaring that he is the legitimate child of the respondents.

The court was required to determine whether to make interim orders compelling the respondents to participate in dispute resolution and parentage testing, and whether to make a final declaration of legitimacy. The central legal issues revolved around the court's power to compel participation in dispute resolution and the standard of proof required to establish parentage for the purposes of a declaration of legitimacy.

Forrest J found that there was no basis for making an order to compel the respondents to participate in dispute resolution, noting that the practical opportunity for this had already passed. Furthermore, the court was not satisfied on the evidence that the applicant had proven to the necessary standard that he was the biological child of the respondents. Consequently, the court dismissed the applicant's application for both interim and final orders.