DREWRY & FIRE

In the matter of *Drewry & Fire*, Johns J of the Family Court of Australia considered applications made by the mother, Ms Drewry, concerning parenting proceedings for three children. The father’s responses to these applications were also before the court.

The primary legal issue before the court was whether Ms Drewry should be prohibited from instituting further parenting proceedings concerning the children under the *Family Law Act 1975* (Cth). This question arose in circumstances where the court was considering dismissing Ms Drewry's existing applications.

Johns J reasoned that the repeated institution of proceedings by Ms Drewry constituted vexatious litigation. Applying section 102QB(2)(b) of the *Family Law Act 1975* (Cth), His Honour determined that it was appropriate to make an order prohibiting Ms Drewry from commencing further parenting proceedings without first obtaining leave of the court under section 102QE of the Act. This prohibition was subject to specific exceptions for costs applications and appeals.

Consequently, the mother’s applications were dismissed. The father’s responses were also dismissed. Crucially, Ms Drewry was prohibited from instituting further parenting proceedings concerning the children without leave, except in relation to costs applications arising from the orders or any appeal from these orders.