Watson & Morton

The appeal concerned an application by the father for leave to file an application for orders relating to his children, pursuant to section 118(1)(c) of the *Family Law Act 1975* (Cth). The father sought to overcome a previous court order that restrained him from instituting proceedings concerning the children for a period of three years. The appeal was heard by Coleman, May, and Thackray JJ.

The primary legal issues before the Full Court were whether the father had demonstrated a sufficient change in circumstances to warrant the granting of leave to file his application, and whether his proposed application had a reasonable chance of success, as required by section 44 of the *Family Law Amendment (Shared Parental Responsibility) Act 2006*. The court also considered the overarching principle of the best interests of the children in determining whether to grant leave.

The Full Court reasoned that while the father had not established a significant change in circumstances that would automatically justify leave, he had presented sufficient evidence to demonstrate that his proposed application had a reasonable chance of success. The court applied the principles governing applications for leave to institute proceedings where a prior restraint is in place, focusing on the need for a genuine prospect of success rather than a mere change in circumstances. The court noted that the best interests of the children were paramount in this assessment.

The appeal was allowed in part, with the Full Court granting the father leave to file his application for orders relating to the children.