LOK & HUO

In this matter before Justice Macmillan of the Family Court of Australia, the wife sought the summary dismissal of the husband's application. The wife also sought security for costs in the event her application for summary dismissal was unsuccessful.

The court was required to determine whether the husband's application should be summarily dismissed on the grounds that it was frivolous, vexatious, an abuse of process, or had no reasonable likelihood of success, as contemplated by Part 10.3 of the Rules. Additionally, the court considered the wife's application for security for costs.

Justice Macmillan applied the principles established in *Lindon v Commonwealth (No 2)*, which stipulate that summary dismissal is a serious measure to be granted rarely and sparingly. The court must be satisfied that it is clear from the opponent's documents that the claim lacks a reasonable cause of action or is frivolous or vexatious. A mere perception that a case is weak is insufficient; even unpromising cases are entitled to be heard. The court noted that summary relief is not a substitute for a trial, particularly where serious legal questions require determination and the proof of facts may assist in understanding and applying the law.

The wife's application for summary dismissal was dismissed. The costs associated with this application were reserved for determination in chambers. The parties were directed to file and serve written submissions regarding costs by 13 March 2020, with replies due by 27 March 2020, limited to 10 pages each. The wife's application in a case filed on 4 April 2019 was otherwise dismissed.