Vader & Dantes (No. 2)

In the matter of *Vader & Dantes (No. 2)*, Harper J of the Family Court of Australia considered parenting proceedings that had been ongoing since 2014. The dispute involved numerous interim applications, with the father seeking to rely on a substantial volume of material in support of these applications. The mother and the independent children's lawyer both agreed that it would be more beneficial to proceed to a final hearing rather than incur further time and costs dealing with the interim applications.

The court was required to determine the appropriate course of action given the protracted nature of the proceedings and the volume of interlocutory material. A key issue was whether to hear the outstanding interim applications or to expedite the matter towards a final resolution. The court also noted allegations of family violence made by both parents and the fact that the father was a self-represented litigant, with some uncertainty regarding the existence of a personal protection injunction.

Harper J reasoned that, in light of the agreement between the mother and the independent children's lawyer, and considering the overall benefit of progressing the matter, it was appropriate to dismiss the numerous interim applications filed by the father. The court applied the principle that protracted interlocutory disputes can be detrimental to the final resolution of parenting matters, particularly when a final hearing is a more efficient path forward. The court also made orders in accordance with s 102NA(2) of the relevant legislation, which pertains to family violence.

Consequently, the court ordered that the Applications in a Case filed by the Respondent Father on 5 February 2020, 3 June 2020, 29 July 2020, 13 August 2020, 17 August 2020, 5 September 2020, and any other outstanding interlocutory Applications be dismissed, and that the matter proceed to callover for the allocation of final hearing dates.