Battison v Battison

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

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

CaseChat Overview and Summary

The case of Battison v Battison & Anor involves a dispute over parenting orders concerning three children. The applicant, the father of two of the children, seeks special leave to appeal against the orders of the Full Court of the Family Court of Australia. The Full Court had dismissed an appeal against the orders made in the Federal Magistrates Court of Australia. The orders in question were final parenting orders, and the first respondent is the mother of the children. Additionally, the applicant requests an order to dispense with the time limit for filing his application, in accordance with the High Court Rules 2004.

The legal issues before the court were whether there were any arguable grounds of appeal against the decision of the Full Court and whether it would be appropriate to grant the applicant's request to dispense with the time limit for filing his application. The court found that the applicant did not present any arguable grounds of appeal against the decision of the Full Court. Furthermore, it was determined that an appeal to the High Court would not have a prospect of success and would be futile. Consequently, the court considered it unnecessary to grant the applicant's request to dispense with the time limit for filing his application.

In light of these findings, the court dismissed the applicant's application for special leave to appeal and ordered that the time limit for filing the application be dispensed with. Pursuant to rule 41.10.5 of the High Court Rules 2004, the Registrar was directed to draw up, sign and seal an order dismissing the application with costs. The decision was made by G.A.A. Nettle and M.M. Gordon on 3 September 2015.

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