Hartnett and Sampson (No. 3)

In *Hartnett and Sampson (No. 3)*, the Federal Circuit and Family Court of Australia considered a dispute between the parties concerning their children. The proceedings involved interim applications related to parenting orders.

The court was required to determine whether to grant leave for the father to restore certain applications to the court list on short notice. This was in circumstances where there was a potential contravention of existing parenting orders concerning the parties' son and daughter, specifically relating to travel to Sydney.

The court's reasoning, as reflected in the orders, indicates a pragmatic approach to managing potential future breaches of parenting orders. By standing over the interim proceedings generally but granting liberty to restore them on short notice, the court preserved the ability for urgent applications to be heard. This was particularly relevant in the context of an asserted medical reason for the son's non-travel and the potential non-travel of the daughter. The court also provided specific directions for service in the event of such an application by the father.

The court ordered that the interim proceedings be stood over generally, with liberty to either party to restore them to the list on 24 hours' notice. Furthermore, in the event of a contravention of current parenting orders within the next four weeks, based on an asserted medical reason for the son not to travel to Sydney, or if the daughter did not travel, leave was granted for any application filed by the father to be restored before the Court on 7 days' notice, with service to be effected on the mother's solicitor.