Akhtar v Gaber

AKHTAR
v
GABER
[2019] HCASL 10
S297/2018

The applicant requires an extension of time in which to seek special leave to appeal from a judgment of the Full Court of the Family Court of Australia (Ainslie-Wallace, Aldridge and Watts JJ) dismissing the applicant's application for leave to appeal from orders of Foster J made on 19 February 2018. Foster J had relevantly ordered that the applicant's application for review of orders made by a Senior Registrar on 9 August 2017 (that the applicant's application for interim custody orders be dismissed) be consolidated with and thus heard at the same time as the primary proceedings for determination of custody on a final basis.
The applicant identifies no question of principle which it would be in the interests of justice for this Court to consider or any reason to doubt the correctness of the Full Court's judgment. An appeal to this Court would enjoy no prospect of success and an extension of time would be futile.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

G.A.A Nettle M.M Gordon

6 February 2019

CaseChat Overview and Summary

In the case of Akhtar v Gaber, the applicant sought an extension of time to appeal a judgment from the Full Court of the Family Court of Australia. The judgment in question dismissed the applicant's application for leave to appeal from orders made by Foster J on 19 February 2018. These orders related to the dismissal of the applicant's application for interim custody orders and the consolidation of this application with the primary proceedings for custody determination.

The primary legal issue before the court was whether an extension of time should be granted for the applicant to seek special leave to appeal from the Full Court's judgment. The applicant did not identify any principle of law that would justify this Court considering the matter or any reason to doubt the correctness of the Full Court's judgment. The court had to consider whether an appeal to this Court would have any prospect of success and whether granting an extension of time would be futile.

The court found that there were no grounds to grant the extension of time. The applicant had not provided any compelling reason to doubt the correctness of the Full Court's judgment, and an appeal would not have a prospect of success. Therefore, the court dismissed the application and directed the Registrar to draw up, sign, and seal an order to that effect. The decision was made pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth).

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established