Baghti v Baghti

[2015] HCASL 166

BAGHTI

v

BAGHTI & ORS

[2015] HCASL 166
S115/2015

1. The applicant and the first respondent are husband and wife.  They have one child.  In 2009, the first respondent commenced proceedings against the applicant in the Family Court of Australia.

2. On 22 August 2012, the Family Court (Fowler J) made parenting orders and property orders. 

3. On 17 September 2014, the applicant appealed to the Full Court of the Family Court (Strickland, Ainslie‑Wallace and Ryan JJ).  In the course of the appeal, counsel for the applicant conceded that the grounds of appeal in respect of the property orders could not be maintained.  In respect of the parenting orders, the applicant claimed that the primary judge erred in relying on the opinions and recommendations of an expert witness.  The applicant also claimed that the primary judge failed to make findings of fact in respect of allegations about the first respondent's conduct towards him.  Judgment was reserved.

4. On 21 October 2014, the Full Court dismissed an application by the applicant to reopen the appeal, on the basis that the applicant had been given the opportunity to be heard, and had been heard on the matters he sought to raise again.  On 5 May 2015, the Full Court dismissed the appeal, holding that none of the grounds of appeal had any merit.

5. The applicant applies for special leave to appeal to this Court from the interlocutory and final judgments of the Full Court.  He requires an extension of time to do so.There is no reason to doubt the correctness of the Full Court's decisions.  An appeal to this Court would have no prospect of success.The application for special leave to appeal would not succeed even if an extension of time were granted.  That being so, the grant of an extension of time would be futile.

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

S.M. Kiefel
15 October 2015 P.A. Keane