POTTER & ROSS

In the matter of *Potter & Ross*, Hogan J of the Family Court of Australia considered an application by the Independent Children’s Lawyer (ICL) for summary dismissal of proceedings concerning the welfare of a child, Y. The dispute involved applications for interim parenting orders by both the father, Mr Potter, and the mother, Ms Ross, as well as a contravention application by Ms Ross.

The primary legal issue before the court was whether the ICL's application for summary dismissal should be granted. This required the court to consider the principles established in *Rice v Asplund* regarding the circumstances under which proceedings can be summarily dismissed in family law matters, particularly in relation to children's matters under section 68LA of the *Family Law Act 1975* (Cth) and Rule 10.14 of the *Family Law Rules 2004*.

Hogan J dismissed the ICL's application for summary dismissal, indicating that the threshold for such an order was not met in this instance. The court also adjourned the various applications for interim orders made by both parents, as well as Ms Ross's contravention application, pending the receipt of a further Family Report. The court ordered that both parents and the child, Y, attend an interview with Ms M on 11 December 2014 for the preparation of this updated report.