Anderson v Senior

[2013] HCASL 157

ANDERSON

v

SENIOR

[2013] HCASL 157
M47/2013

1. The applicant is the former husband of the respondent. Under s 79 of the Family Law Act 1975 (Cth), the Family Court of Australia (Young J) ordered that the property of the parties, or either of them, be adjusted such that the applicant received 60 per cent of their value and the respondent 40 per cent.

2. The Full Court of the Family Court (Thackray, Murphy and Macmillan JJ) dismissed an appeal from the orders made by the primary judge.  The Full Court found that the applicant's amended notice of appeal did not include any proper ground of appeal and that the applicant's oral and written submissions did not elucidate or demonstrate any error by the primary judge.  The applicant now seeks special leave to appeal to this Court against the orders made by the Full Court.

3. The applicant seeks to advance in this Court not only arguments agitated in the Full Court, but also to rely on a new complaint not advanced below.

4. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

5. The applicant's written submissions raise no arguable case of error in the courts below.  We see no reason to doubt the conclusions reached by the Full Court in respect of the arguments advanced in that Court.  Further, it is not shown to be in the interests of justice, either generally or in this particular case, that the applicant should have special leave to appeal to advance a new complaint which does not involve any question of law which would justify such a grant.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

7          K.M. Hayne

8          9 October 2013

9          S.M. Crennan