HILLS & CALDWELL

The applicant, Hills, sought an order under section 102NA of the *Family Law Act 1975* (Cth) from Rees J. The respondent opposed this application. The core of the dispute concerned whether the court should exercise its discretion to make an order under section 102NA, which deals with the dismissal of applications where proceedings are frivolous, vexatious, or an abuse of process.

The primary legal issue before the court was whether the circumstances of the case warranted the dismissal of the proceedings under section 102NA. Specifically, the court had to determine if the application met the criteria for dismissal, and if so, whether it should exercise its discretion to do so. The court noted that none of the specific grounds listed in section 102NA(1)(c)(i), (ii), or (iii) were applicable, and that the issues to be determined at the final hearing were limited.

Rees J considered the application and the limited nature of the issues remaining for final determination. The court concluded that it should decline to exercise its discretion to make an order under section 102NA. Consequently, the oral application made by the respondent for an order pursuant to section 102NA of the *Family Law Act 1975* was dismissed.