Battison v Battison

[2015] HCASL 148

BATTISON
v
BATTISON & ANOR
[2015] HCASL 148
S49/2015

1. The applicant seeks special leave to appeal against orders of the Full Court of the Family Court of Australia (May, Ryan and Murphy JJ) dismissing an appeal against orders made in the Federal Magistrates Court of Australia (as it was then known). The Federal Magistrate (Coakes FM, as his Honour then was) made final parenting orders relating to three children. The first respondent is the children's mother. The applicant is the father of two of the children. In accordance with r 41.02.02 of the High Court Rules 2004, the applicant also seeks an order that the time limit for filing his application be dispensed with.

2. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10. 

3. The applicant advances no arguable ground of appeal against the decision of the Full Court of the Family Court.  An appeal to this Court would enjoy no prospect of success.  It would be futile to grant the applicant an order that the time limit in r 41.02.01 be dispensed with. 

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

G.A.A. Nettle
3 September 2015 M.M. Gordon