Xuarez and Vitela (No. 3)

In *Xuarez and Vitela (No. 3)*, Carew J of the Family Court of Australia considered an application by Mr Xuarez concerning proceedings with Ms Vitela. The specific nature of the dispute is not detailed, but the court's orders indicate a history of contentious litigation.

The central legal issue before the court was whether Mr Xuarez should be prohibited from instituting further proceedings against Ms Vitela or her legal representatives under the *Family Law Act 1975* (Cth). This question arose in the context of the court's power to manage vexatious litigation, as evidenced by the reference to s 102QB(2) of the Act. The court also had to consider the status of all existing applications filed by Mr Xuarez.

Carew J reasoned that the circumstances warranted the imposition of a prohibition under s 102QB(2) of the *Family Law Act 1975*. This section empowers the court to prevent individuals from commencing further proceedings if their conduct suggests a pattern of vexatious litigation. The court's decision to dismiss all extant applications further underscores its conclusion that the proceedings were not being conducted appropriately. The court also noted the provisions of s 102QE, which outlines the process for individuals subject to such prohibitions to seek leave to institute proceedings, requiring detailed disclosure of past applications and other litigation.

Consequently, the court ordered that Mr Xuarez be prohibited from instituting proceedings against Ms Vitela or any of her legal representatives under the *Family Law Act 1975* in a court with jurisdiction under that Act. All existing applications filed by Mr Xuarez were dismissed.