Marino and Bello and Anor (No.2)

In *Marino and Bello and Anor (No.2)*, Judge Humphreys of the Family Court of Australia considered an application for summary dismissal of parenting orders. The dispute concerned the best interests of the children, with the application for summary dismissal being brought by the respondents.

The central legal issue before the Court was whether the proceedings constituted an abuse of process, specifically whether they were frivolous and vexatious, thereby justifying summary dismissal. This required the Court to consider the threshold test established by section 65C(c) of the *Family Law Act 1975* (Cth) in the context of parenting orders.

Judge Humphreys upheld the application for summary dismissal, finding that the proceedings met the criteria for being frivolous and vexatious. The Court applied the principles governing summary dismissal in family law proceedings, which require a high threshold to be met before a matter is struck out, particularly when the best interests of children are involved. The Court determined that the continuation of the proceedings would be an abuse of the Court's process.

Consequently, the Court ordered that the application for summary dismissal be upheld and that the applicant pay the first and second respondents' costs, totalling $24,400.00.