Gupta and Gupta (No.2)

In *Gupta and Gupta (No.2)*, the Federal Circuit Court of Australia considered an application by the father for a stay of previous orders pending appeal, and for leave to institute proceedings, in circumstances where a vexatious proceedings order was already in force against him. The mother sought the dismissal of these applications.

The court was required to determine whether to grant the father's application for a stay of the existing orders, and whether to grant him leave to institute further proceedings, particularly a contravention application, given the subsisting vexatious proceedings order.

Judge Hughes dismissed the father's application for a stay of the orders made on 11 August 2017, noting it had been withdrawn. The court then granted the father leave to make an oral application for leave to institute proceedings under section 102QE of the *Family Law Act 1975*, acknowledging the existing vexatious proceedings order. However, this subsequent application for leave to institute proceedings was also dismissed. Furthermore, the father's contravention application, filed on 30 November 2017, was dismissed on the grounds that he had not obtained the necessary leave to commence those proceedings.