Patricks and Simpkin (No 2)

In *Patricks and Simpkin (No 2)*, Murphy J of the Federal Circuit Court of Australia considered an application by a father for leave to commence proceedings for parenting orders concerning his child. The dispute centred on the father's ability to seek orders regarding the child's upbringing and welfare, despite the passage of time since the parties' separation.

The primary legal issue before the court was whether to grant the applicant father leave to commence and prosecute an application for parenting orders. This required the court to assess the circumstances and determine if it was in the child's best interests to permit such an application to proceed, notwithstanding any potential delays or other factors that might ordinarily militate against it.

Murphy J granted the father leave to commence and prosecute the application for parenting orders. The court's reasoning, though not detailed in the provided text, would have involved an assessment of the relevant legislative provisions governing applications for parenting orders, particularly concerning the need for leave in certain circumstances. The court then ordered that the matter be listed for further directions before a Registrar, with leave for the parties to attend by telephone unless the Registrar deemed it inappropriate.