Baghti & Baghti & Ors (No 2)

[2014] FamCAFC 204

FAMILY COURT OF AUSTRALIA

BAGHTI & BAGHTI AND ORS (NO 2) [2014] FamCAFC 204

FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – REOPEN APPEAL – Where the applicant seeks to reopen the appeal to present “supplementary submissions” – Where the Full Court does not require the respondents or the Independent Children’s Lawyer to file responding documents – Where there is a clear public interest in the finality of litigation – Where the applicant was heard upon the matters that he seeks to raise again in relation to two of the grounds of appeal – Where the balance of the submissions relate to grounds of appeal that were not before the court – Where there is no basis to reopen the hearing to permit the further submissions to be presented – Application dismissed.

Family Law Act 1975 (Cth)

Autodesk Inc v Dyason (No. 2) (1993) 176 CLR 300

APPLICANT: Mr Baghti

FIRST RESPONDENT: Ms Baghti

SECOND RESPONDENT: Mr B

THIRD RESPONDENT: Mrs B

INDEPENDENT CHILDREN’S LAWYER: Legal Aid NSW

FILE NUMBER: SYC 2145 of 2009

APPEAL NUMBERS:	EA	118	of	2012
EA	10	of	2013

DATE DELIVERED: 21 October 2014

PLACE DELIVERED:	Adelaide
JUDGMENT OF:	Strickland, Ainslie-Wallace & Ryan JJ

HEARING DATE: In Chambers

LOWER COURT JURISDICTION: Family Court of Australia

LOWER COURT JUDGMENT DATE: 22 August 2012
27 November 2012

LOWER COURT MNC: [2012] FamCA 711
[2012] FamCA 1112

REPRESENTATION

THE APPLICANT:	In Person
THE FIRST RESPONDENT:	In person
SOLICITOR FOR THE SECOND AND THIRD RESPONDENTS:	McDonell Milne Toltz
SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER:	Legal Aid NSW

Orders

1. The application in an appeal filed on 2 October 2014 be dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Baghti & Baghti and Ors (No 2) has been approved by the Chief Justice pursuant to
s 121(9)(g) of the Family Law Act 1975 (Cth).

THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY

Appeal Number: EA 118 of 2012 and EA 10 of 2013
File Number: SYC 2145 of 2009

Mr Baghti

Applicant

And

Ms Baghti

First Respondent

And

Mr B

Second Respondent

And

Mrs B

Third Respondent

And

Independent Children’s Lawyer

REASONS FOR JUDGMENT

Introduction

1. The application before the court is the application in an appeal filed by

   
   

   Mr Baghti (“the applicant”) on 2 October 2014.  In that application the following orders are sought:

   1.That the Full Court Family Court of Australia comprising their Honours (sic)

   2.Justices Strickland, Ainslee–Wallace (sic) and Ryan (Their Honours) who are reserved in the judgment concerning the applicant’s appeal continue to be reserved in the said judgment until this application is determined.

   3.That the Full Court receive further evidence by way of submissions on the hearing of the appeal.

   4.        That costs be costs in the cause.

   5.        Such other Orders as the Court deems fit.

2. The application is supported by an affidavit of the applicant also filed on

   
   

   2 October 2014.  Annexed to that affidavit are the “supplementary submissions” sought to be…