Hodges and Xiu

In the Family Court of Australia, Mr Hodges (the applicant) sought leave pursuant to section 118 of the *Family Law Act 1975* (Cth) to commence proceedings against Ms Xiu (the respondent). The dispute concerned parenting orders and alleged contravention of existing court orders, particularly regarding the respondent's alleged failure to participate in a significant annual welfare meeting concerning their child, K, who has disabilities.

The primary legal issue before the court was whether to grant the applicant leave to proceed with his application, given a prior order made by Dessau J which restrained both parties from commencing further proceedings without judicial leave. The court was also required to determine the appropriate listing for the matter, considering the contravention application.

Cronin J reasoned that the prior order restraining further proceedings, while unusual and a significant infringement on access to justice, was intended to bring litigation to an end. However, given the respondent's alleged failure to comply with a fundamental order concerning the child's welfare, which was a consensual arrangement underpinning the child's needs, it would be unusual to refuse leave. The court considered that the purpose of the restraining order had proven to be a "forlorn hope" as further issues had arisen.

Consequently, Cronin J granted the applicant leave to file an amended application seeking specific parenting orders and to pursue the contravention application. The matter was ordered to be listed in the Senior Registrar's list to address immediate interim issues, and service of the order was to be undertaken by the applicant's practitioner. The court also ordered that its reasons be transcribed and made available to the parties.