Hescott and Beares

In *Hescott & Beares*, the Family Court of Australia considered an application to dismiss proceedings for want of prosecution. The applicant father, Mr Hescott, and the respondent mother, Ms Beares, were parents to a child born in 1998. The dispute originated in 2007 with parenting proceedings commenced by the mother, which involved allegations of sexual abuse by the father, a JIRT investigation, and an apprehended violence order. The proceedings were transferred through various courts, including the Federal Magistrates Court and ultimately the Family Court of Australia in 2008.

The court was required to determine whether to dismiss all applications and responses filed by the father for want of prosecution, pursuant to Rule 11.06 of the Family Law Rules 2004 (Cth). This rule permits the court to dismiss a case if a party has not taken a step in the proceedings for one year, provided that at least 14 days' written notice of the intention to consider dismissal has been given. The court also considered the status of existing final orders regarding parental responsibility and the child's residence.

Justice Stevenson found that the father had taken no steps in the case for over a year prior to the hearing on 30 January 2013, having ceased spending time with the child in August 2011 and thereafter taking no action to advance his case. The court was satisfied that the father had received proper notice of the intention to dismiss his applications, including notification from the Magellan Registrar and the Independent Children's Lawyer, and that he had failed to appear or respond. Consequently, the court ordered the dismissal of all applications and responses filed by the father for want of prosecution. The existing final orders, which granted the mother sole parental responsibility and stipulated the child live with her, were noted as reflecting the current reality of the child's situation.