Xiu and Hodges (No 2)

In *Xiu and Hodges (No 2)*, Thornton J of the Federal Circuit Court of Australia considered applications made by both the mother and the father concerning parenting orders. The mother sought leave to file an initiating application and supporting affidavit, while the father sought leave to file a contravention application and supporting affidavit.

The primary legal issue before the court was whether to grant the parties leave to file their respective applications, given the timing and nature of the filings. This involved an assessment of whether the proposed applications were in the best interests of the child and whether the court should exercise its discretion to permit the late filing of these documents.

Thornton J granted the mother leave to file her initiating application and supporting affidavit, but dismissed her application in case otherwise. Similarly, the father was granted leave to file his draft contravention application and supporting affidavit, with his amended application in case dismissed otherwise. The court's decision reflects a careful consideration of the procedural aspects and the overarching principle of the child's best interests in determining whether to permit the filing of the applications.