Peters and Ortona (No 3)

In the matter of Peters and Ortona (No 3), Bennett J considered applications and cross-applications concerning parenting arrangements and alleged contraventions of court orders. The proceedings involved the mother and the father, with the Independent Children’s Lawyer also participating. The court was required to determine whether to make a vexatious proceedings order against the mother and to decide the status of various applications filed by both parents.

The primary legal issues before the court were the mother's conduct in instituting proceedings and whether it warranted a vexatious proceedings order under section 102QD of the *Family Law Act 1975* (Cth). Additionally, the court had to determine which of the mother's and father's applications should be reinstated for hearing and how those applications should be listed.

Bennett J reasoned that the mother's repeated applications and correspondence demonstrated a pattern of conduct that was an abuse of process, justifying the imposition of a vexatious proceedings order. This order prohibited the mother from instituting further proceedings under the Act against or in relation to the father or the children without first obtaining leave of the court, with specific exceptions for costs applications and appeals related to the current orders. The court also ordered the reinstatement of several of the mother's applications for hearing and provided a mechanism for the reinstatement of certain of the father's applications upon his written notice.