Newton & Henzel

In Newton & Henzel, the parties brought applications concerning parenting orders. The father filed an Initiating Application on 19 November 2015, and the mother filed a Response to Initiating Application on 21 December 2015. The matter came before Macmillan J.

The court was required to determine the threshold issue of whether to proceed with a full hearing on the merits of the applications, or to dismiss them at a preliminary stage. This involved considering the sufficiency of new events to justify a new inquiry into the existing parenting arrangements, and whether such a dismissal constituted a "parenting order" under the Act.

Macmillan J, referencing the observations of Warnick J in other cases, acknowledged that an order simply dismissing an application to vary or discharge an earlier parenting order might not strictly fall within the definition of a "Parenting Order" under s 64B of the Act. However, the paramountcy principle, as set out in s 60CA, still applies to such decisions because the court must always regard the best interests of the child as the paramount consideration. The court noted that dismissing an application at a preliminary stage, based on the insufficiency of demonstrated changes in circumstances, is a determination "on the merits" rather than for technical reasons. This approach aims to protect the child's interests by avoiding further litigation when there is no substantial basis to alter existing arrangements. Despite doubts expressed in *Poisat & Poisat* regarding whether a dismissal order is a "parenting order," Macmillan J considered the relevant s 60CC considerations in light of the children's best interests.

The court ordered that the father's Initiating Application and the mother's Response be dismissed. All extant applications, except for any applications for costs, were also dismissed, and the matter was removed from the list of pending cases. The questions of costs were reserved for determination, with parties required to file written submissions and replies by specific dates.