SAGER & KEATS

In the matter of Sager & Keats, an ex tempore ruling was delivered by Judge Burchardt concerning an application for summary dismissal. The dispute involved the mother's failure to participate in section 11F interviews and her subsequent failure to attend court, leading to the father's application for dismissal of her Initiating Application filed on 18 September 2020.

The central legal issue before the court was whether the mother's Initiating Application should be summarily dismissed due to her non-compliance with procedural requirements and her absence from court proceedings. This also encompassed the consequential orders that should follow such a dismissal, including the status of existing parenting orders, the role of the Independent Children's Lawyer, and arrangements for the child's travel and parental responsibility.

Judge Burchardt applied section 45A of the *Family Law Act 1975* (Cth) to summarily dismiss the mother's application, finding that her lack of participation and attendance demonstrated an intention not to proceed with her case. The court reasoned that continuing the proceedings would be futile and an inefficient use of court resources. Consequently, the court discharged the order appointing the Independent Children's Lawyer, authorised the father to obtain an Australian passport for the child X without the mother's consent, and permitted the child to depart Australia. All previous parenting orders were discharged, with the father granted sole parental responsibility and the child to live with him. The child was to spend time with and communicate with the mother as agreed between the parties, and the father was permitted to provide the orders to relevant institutions.