SPITERI & WALKER

In the Family Court of Australia, Ms Spiteri and Mr Walker both filed applications alleging contraventions of parenting orders against each other. However, these applications were subsequently withdrawn.

The central legal issues before the Court were whether either party had contravened the existing parenting orders, and whether Ms Spiteri had acted vexatiously in her pursuit of proceedings.

Rees J found that Ms Spiteri had instituted proceedings without reasonable grounds. Applying principles relating to vexatious litigation, the Court determined that it was necessary to impose a restraint on Ms Spiteri's future ability to file contravention applications to prevent further unwarranted litigation.

Consequently, Ms Spiteri is restrained from filing any application alleging contravention of an order of the Family Court of Australia without first obtaining the leave of a Judge of the Family Court of Australia.