Pearce & Gough

In the Family Court of Australia, Justice Strickland considered an application by a father concerning his child, against the mother. The father's application sought orders for the child to spend time with him. The proceedings were significantly impacted by the father's history of violence and mental health issues, and a lack of any existing orders for him to spend time with the child.

The court was required to determine whether to grant the father's request for a further adjournment to prepare his case, or to grant the mother's application for summary dismissal of the father's application. Additionally, the court considered the father's oral applications for permission to telephone the child on his birthday and to send letters and gifts.

Justice Strickland found that the father had been granted numerous adjournments to prepare his case and address his difficulties. During the most recent adjournment, the father was arrested, charged, and sentenced to a period of imprisonment. He had not prepared his case nor begun to address his difficulties. The court noted that while the father had a cause of action, he was unable to proceed due to his failure to present the necessary evidence. Applying Family Law Rules 2004 r 10.12, and distinguishing the matter from applications strictly seeking summary dismissal as per *Lindon v Commonwealth (No. 2)* and *Bigg & Suzi*, the court summarily dismissed the father's application. The father's oral applications were also dismissed, as they were not pursued in the context of his dismissed substantive application and there was no expert evidence supporting their appropriateness, nor were they considered to be in the child's best interests.

The father's amended application was dismissed and removed from the active pending cases list. The mother's further amended response and parts of her application in a case were adjourned. The paternal grandparents' application in a case was also adjourned. The father's oral applications seeking to telephone the child and send letters and gifts were dismissed.