Merritt and Darmody

In *Merritt and Darmody*, heard by Judge Phipps, the applicant father sought parenting orders concerning the child, X. The respondent mother opposed this application.

The court was required to determine whether to grant the parenting orders sought by the applicant father. A significant issue was whether the applicant should be permitted to commence further applications for parenting orders concerning the child without leave of the court.

Judge Phipps dismissed the applicant's application. The court applied principles relating to vexatious litigation and the need to protect children from repeated and potentially harmful applications. The court ordered that the applicant pay the respondent's costs and, crucially, that the applicant father not commence any further application under the *Family Law Act 1975* (Cth) for parenting orders concerning the child without leave of a court having jurisdiction under the Act. The orders also detailed the obligations and consequences of contravention, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).