Rilak and Tsocas

The proceeding involved an application by the Father concerning aspects of parenting orders, specifically relating to an application under section 102QB of the *Family Law Act 1975* (Cth) and arguments concerning the *Rice & Asplund* principle. The Mother had filed an Amended Application in a Case on 23 January 2019 and an Application in a Case on 27 June 2018, which concerned the merits of the parenting dispute.

The primary legal issue before Gill J was whether the Father's application concerning section 102QB and the *Rice & Asplund* principle should be determined before the substantive parenting matters raised in the Mother's applications.

His Honour determined that the application and arguments relating to section 102QB and the *Rice & Asplund* principle should be dealt with in advance of any determination on the merits of the Mother's applications. This approach was directed to streamline the proceedings by addressing preliminary legal arguments before engaging with the full factual matrix of the parenting dispute.

The court directed that the s 102QB application and the arguments in respect of the *Rice & Asplund* principle be dealt with in advance of a determination of the merits of the Mother’s Amended Application in a Case filed 23 January 2019 and her Application in a Case filed 27 June 2018. The form of this order was subject to the entry of the order in the Court’s records.