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Section 102QE (1) (a) and (2) of the Family Law Act 1975 (“the Act”) provides that an Applicant who is subject to a vexatious proceedings order may apply to the Court for leave to commence proceedings under the Act. Sections 102QE (c) and (d) deal with the requirements encumbered upon the Applicant, as follows:
In the matter of Acres & Cannon  FamCA 1 the Court was asked to consider this very Application made by the Father.
In 2013, the Family Court made an order restraining the Father from commencing proceedings under the Act, without first obtaining leave from the Court to do so under Section 102QE.
The Father’s Application involved parenting matters in relation to a 14 year old child. The Father sought orders to be permitted to write to the child once every six weeks and that such letter be reviewed by a psychologist prior to being sent to the child. The Father also sought an order permitting him to send a birthday and Christmas card to the child.
When determining the Father’s Application the Court considered that the orders sought by the Father were, on the face of it, narrow issues for determination and on that basis did not fall within the realms of a vexatious Application. The Court further found that the Father had complied with the requirements under Section 10QE of the Act.
At that stage, leave was not granted to the Father to institute proceedings as an order was required to be made by the Court under Section 102QG of the Act, for the Father’s Application and supporting Affidavit to be served upon the Mother and any other person mentioned in the orders.
The Court made specific not that it did not grant nor deny the Father leave and adjourned the matter for hearing.
For family law advice contact me or one of our Family Law team at Armstrong Legal.
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