Rilak & Tsocas

In this matter before Gill J, the Father sought an order pursuant to section 102QB of the *Family Law Act 1975* (Cth) that the Mother's proceedings be declared vexatious. The Mother had applied to vary existing final parenting orders, but the Court was also required to consider the Father's application for a vexatious proceedings order, alleging a pattern of vexatious conduct by the Mother.

The primary legal issues before the Court were whether the Mother's applications constituted vexatious proceedings, and if so, what orders should be made under section 102QB of the *Family Law Act 1975*. Additionally, the Court had to determine the threshold issue under the principles established in *Rice v Asplund*, namely whether there had been a material change in circumstances or a material new factor that would justify varying the existing final parenting orders.

The Court reasoned that a subjective intention to harass or annoy was not always necessary for proceedings to be considered vexatious; the manner of conduct, causing harassment, annoyance, delay, detriment, or a wrongful purpose, could be sufficient. The Court also noted that a refusal to accept the finality of proceedings could lead to vexatious conduct, even if motivated by a perceived concern for a child's welfare. Applying the principles from *Rice v Asplund*, the Court found that the Mother had not demonstrated a material change in circumstances or a material new factor to warrant varying the existing parenting orders. The Court emphasised that the purpose of the *Rice v Asplund* rule is to discourage endless litigation and that allowing applications without a sufficient change in circumstances would inflict psychological harm on the parties and the child.

Consequently, the Court made orders pursuant to section 102QB of the *Family Law Act 1975*, dismissing all extant applications filed by the Mother and prohibiting her from instituting further proceedings under the Act in relation to the child or the Father without first obtaining leave of the Court.