Peake and Cousins

In *Peake and Cousins*, heard by Johns J in the Federal Circuit and Family Court of Australia, the mother sought an expedited final hearing. The dispute concerned parenting arrangements for the parties' child.

The central legal issue before the court was whether the mother had satisfied the criteria for an expedited final hearing under rule 12.10A(1) of the *Family Law Rules 2004* (Cth). This rule permits the court to expedite a hearing in circumstances where there is a risk of harm to the child or a party, or where there are other compelling reasons.

Johns J dismissed the mother's application, finding that the threshold for an expedited hearing had not been met. The judge's reasoning focused on the absence of evidence demonstrating the necessary urgency or risk contemplated by rule 12.10A(1). The court applied the principles governing the exercise of discretion to expedite proceedings, requiring a clear and compelling case to be made out.