Sawer and Hugh

In the matter of *Sawer and Hugh*, Bennett J of the Family Court of Australia considered an application by the father filed on 16 April 2010. The dispute concerned the dismissal of the father's application, with the respondent mother and the independent children's lawyer seeking this outcome despite not having filed formal responses or evidence.

The primary legal issue before the court was whether to dispense with Rule 9.05 of the Family Law Rules 2004 to allow the dismissal of the father's application. Additionally, the court had to determine the enforcement of prior orders regarding costs and a fine, pending the father's appeal in a related proceeding.

Bennett J reasoned that it was appropriate to dispense with Rule 9.05, permitting the dismissal of the father's application. The court also ordered a stay on the enforcement of the costs order and the fine made on 17 March 2010, pending the determination of the father's appeal. The father was ordered to pay a contribution towards the mother's costs and the independent children's lawyer's costs in relation to the application filed on 16 April 2010.

Ultimately, the father's application filed on 16 April 2010 was dismissed, with specific orders made regarding costs and the stay of prior enforcement actions.