Jabbar & Gade (No 22)

In the Federal Circuit Court, Judge Terry considered an application by the father for the summary dismissal of proceedings initiated by the mother concerning the children's living arrangements and time with the father. Final orders made in May 2018 stipulated that the children live with the father and have no contact with the mother. The mother's subsequent appeal to the Full Court was dismissed, and an application for special leave to appeal to the High Court was pending. The father also sought an order under s.102QB of the Family Law Act declaring the mother a vexatious litigant.

The court was required to determine whether the mother's pending High Court application for special leave to appeal prevented the current court from hearing the father's application for summary dismissal. Additionally, the court had to consider the father's application for summary dismissal of the mother's parenting applications, either under s.17A of the Federal Circuit Court Act or pursuant to the rule in *Rice v Asplund*, and whether the mother should be declared a vexatious litigant under s.102QB of the Family Law Act.

Judge Terry reasoned that the pending High Court application did not preclude the court from determining the summary dismissal application, particularly as no change of circumstances had occurred since the final orders. The court found that the father had established grounds for summary dismissal of the mother's applications. Furthermore, the court concluded that the mother had a history of bringing vexatious proceedings and that there was a high risk of future vexatious litigation, justifying an order under s.102QB.

Consequently, the mother's applications were dismissed. Ms Jabbar was prohibited from instituting further proceedings under the Family Law Act in any court with jurisdiction. All outstanding applications filed by the mother were dismissed, and the father's application for costs was adjourned for further consideration.