Bayer & Wynne

[2021] FamCAFC 131

FAMILY COURT OF AUSTRALIA

Bayer & Wynne [2021] FamCAFC 131

Appeal from:

FCCA orders made on 26 March 2021

Appeal number(s):

SOA 22 of 2021

File number(s):

MLC 4792 of 2018

Judgment of:

STRICKLAND J

Date of judgment:

8 July 2021

Catchwords:

FAMILY LAW – APPEAL – Where the appellant seeks to appeal from notations rather than orders – Where the appellant’s Grounds of appeal do not reveal, demonstrate or identify any appellable error by the primary judge – Where it seems that the appellant seeks a remedy under the provisions of s 79A of the Family Law Act – Where such an application should be made in the lower court – Where the appellant is cognisant of difficulties in the appeal and initially seeks an adjournment to amend the Notice of Appeal – Where the appellant’s reasons for not having filed an amended Notice of Appeal prior to the hearing are not satisfactory – Where the appellant subsequently withdraws the appeal to pursue other applications – Appeal dismissed.

FAMILY LAW – COSTS – Oral application for costs in favour of the respondent – Where the financial circumstances of the parties require consideration – Where different circumstances necessitate different justifications for cost orders – Where the appellant seeks to withdraw the appeal bringing the matter to a conclusion – Application dismissed.

Legislation:

Family Law Act 1975 (Cth) ss 79A, 96AA, 117, 117(2), 117(2A), 117(2A)(a)

Division:

Appeal Division

Number of paragraphs:

11

Date of hearing:

8 July 2021

Place:

Melbourne

The Appellant:

In Person

Solicitor for the Respondent:

Kordell Lawyers

Counsel for the Respondent:

Ms Dellidis

ORDERS

SOA 22 of 2021
MLC 4792 of 2018

APPEAL DIVISION OF THE FAMILY COURT OF AUSTRALIA

BETWEEN:

MR BAYER

Appellant

AND:

MS WYNNE

Respondent

ORDER MADE BY:	STRICKLAND  J
DATE OF ORDER:	8 JULY 2021

THE COURT ORDERS THAT:

1.The Notice of Appeal filed on 23 April 2021 be dismissed.

2.The oral application for costs made by the respondent be dismissed.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Bayer & Wynne has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

1. This is a directions hearing in relation to a Notice of Appeal filed by the appellant father on 23 April 2021, appealing orders made by a judge of the Federal Circuit Court of Australia on 26 March 2021.  The appeal is opposed by the respondent mother.

2. Today I have raised with the appellant father the competency of the appeal as filed, bearing in mind that under section 96AA of the Family Law…