Shaw and Brennan & Anor

The case of *Shaw and Brennan & Anor* involved applications to vary final parenting orders previously made by Austin J. The mother sought to vary these orders and also sought new orders concerning the father's care of the child. The court considered the principles established in *Rice v Asplund*, particularly in circumstances where there had been no change in circumstances since the final orders were made.

The primary legal issues before the court were whether to vary the existing final parenting orders, and if so, on what basis, given the absence of a material change in circumstances. Additionally, the court was required to determine applications for costs made by the Independent Children's Lawyer and the father, and to consider the mother's applications for costs. Procedural applications, including an injunction to restrain further filings by the mother and an order for the destruction of subpoenaed documents, were also before the court.

Austin J determined that, in the absence of a demonstrated change in circumstances, the applications to vary the final parenting orders should be dismissed, with the exception of certain proposed orders that were made by consent. The court found that the mother's husband's income was relevant to the mother's capacity to pay costs, and consequently ordered that the parties bear the Independent Children's Lawyer's costs equally. The father's application for costs was dismissed as it related to self-represented litigant costs, and the mother's application for costs was also dismissed due to a lack of basis. The father's application for an injunction to restrain the mother from filing further applications was dismissed, as her applications were not found to be frivolous or vexatious. However, the mother was ordered to deliver up and destroy all subpoenaed documents.