KNIGHT & ELLINGTON

In the Family Court of Australia, the wife sought the summary dismissal of the husband's application under section 79A of the *Family Law Act 1975* (Cth). The wife also alternatively sought an order for security for costs against the husband.

The primary legal issue before the Court was whether the husband's section 79A application was so lacking in merit that it should be summarily dismissed. The secondary issue was whether the husband should be ordered to provide security for the wife's costs, and if so, in what amount.

Her Honour considered the Full Court's guidance that in summary dismissal applications, only the material put forward by the respondent (in this instance, the husband) should be relied upon. Applying this principle, the Court found that the husband's section 79A application was not doomed to fail, nor was it frivolous or vexatious. Consequently, the wife's application for summary dismissal was dismissed. Regarding the alternative application for security for costs, the Court considered the relevant factors outlined in *Luadaka & Luadaka* (1998) FLC 92-830 and determined that the weight of these considerations favoured no order being made. Therefore, the wife's application for security for costs was also dismissed.

The Court ordered that the wife's Application in a Case filed on 2 August 2018 be dismissed.