Cheadle & Pointer (No 2) [2025] FedCFamC1F 777 (3 November 2025)

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Cheadle & Pointer has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. On 30 January 2025, I made an order dismissing Ms Cheadle's application for parenting orders. I also made a harmful proceedings order, being an order pursuant to s 102QAC of the Family Law Act 1975 (Cth) ("the Act") prohibiting Ms Cheadle from instituting further proceedings against Mr Pointer without the leave of the Court.
2. On 13 October 2025, Ms Cheadle sought to file a further Initiating Application in which she sought leave pursuant to s 102QAE of the Act to institute further proceedings for parenting orders.
3. On 20 October 2025, the matter came before me in Chambers. I determined that the proceedings had no reasonable prospects of success, and I made an Order refusing Ms Cheadle leave to institute the proceedings. Ms Cheadle has sought reasons for that decision.
4. It is now clear to me that the matter has not been transferred to Division 1 of the Federal Circuit and Family Court of Australia pursuant to s 51 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) and so I did not have jurisdiction to make the Order refusing leave. Accordingly, I vacate that Order.
5. The application will now need to be dealt with in Division 2 of the Federal Circuit and Family Court of Australia.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Behrens.