Westlake and Westlake (No 2)

In *Westlake and Westlake (No 2)*, Carew J of the Family Court of Australia considered an application by the father for a stay or adjournment of proceedings concerning competing vexatious proceedings order applications. The mother and the independent children’s lawyer opposed this application. The father's request for a stay or adjournment was made pending the outcome of his appeal against a prior order that had dismissed his application to vary a final parenting order.

The central legal issue before the Court was whether the father had established a proper basis to warrant a stay or adjournment of the vexatious proceedings order applications. This required the Court to assess the merits of the father's application in light of the existing circumstances and the opposition from the other parties.

Carew J determined that the father had failed to demonstrate a sufficient legal or factual basis to justify the requested stay or adjournment. The Court applied principles relating to the granting of stays and adjournments in family law proceedings, considering the need for a strong case and the potential prejudice to the parties and the administration of justice. Ultimately, the Court found the father's application to be without merit.

The Court ordered that the application filed by the respondent on 19 August 2019 be dismissed.