The applicant seeks special leave to appeal from a judgment of the Full Court of the Family Court of Australia (Strickland, Ainslie-Wallace and Ryan JJ) dismissing an appeal against orders of Forrest J requiring that the applicant's access to his child be supervised.
The application raises no question of principle which it would be in the interests of justice for this Court to consider, and there is no reason to doubt the correctness of the Full Court's decision. An appeal to this Court would not enjoy sufficient prospects of success to warrant the grant of special leave.
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 with costs.
V.M Bell
G.A.A Nettle
18 March 2020
Details
AGLC
Bant v Clayton [2020] HCASL 85
Case
[2020] HCASL 85
Decision Date
CaseChat Overview and Summary
The case of Bant v Clayton involved the applicant, Bant, who sought special leave to appeal from a decision of the Full Court of the Family Court of Australia. The decision of the Full Court had dismissed an appeal against orders made by Forrest J, which required the applicant's access to his child to be supervised. The primary issue before the court was whether the applicant should be granted special leave to appeal against the Full Court's judgment. This involved considering whether there was a question of principle that would be in the interests of justice for the High Court to consider, as well as assessing the prospects of success of such an appeal.
The High Court considered that the application did not raise any question of principle which would warrant the Court's intervention. Additionally, the Court found no reason to doubt the correctness of the Full Court's decision. The applicant's prospects of success on appeal were deemed insufficient to warrant the grant of special leave. The Court noted that the Full Court had carefully considered the relevant legal principles and evidence in reaching its decision, and that the appeal would not likely result in a different outcome.
In light of these considerations, the High Court dismissed the application for special leave to appeal. The Court directed the Registrar to prepare, sign, and seal an order dismissing the application with costs. This decision reinforces the importance of the Full Court's role in reviewing family law matters and the limited circumstances in which the High Court will grant special leave to appeal. The orders made by Forrest J, requiring supervised access, remain in place, and the applicant's appeal against these orders has been rejected by the High Court.