Bele & Vaughan (No.2)

The Bele & Vaughan (No.2) case involved an appeal process within family law, where the applicant sought to challenge orders made by Cronin J on 9 June 2011 and Le Poer Trench J on 13 December 2011. The applicant filed a Notice of Appeal on 4 May 2012, but the Regional Appeal Registrar refused to accept it for filing. The applicant also sought to reinstate a previously abandoned appeal and to extend the time to appeal. The respondent opposed these applications and sought indemnity costs.

The court had to decide whether the applicant could successfully appeal the orders and, if so, whether the appeal could be reinstated or the time to appeal extended. The court also had to determine whether the applicant's conduct warranted the awarding of indemnity costs to the respondent. The court found that the applicant's arguments were flawed and that there was no merit in the grounds of appeal. The applicant's conduct was deemed appalling, and the interests of justice demanded that the application be refused.

The court dismissed the application to accept the Notice of Appeal for filing, to reinstate the appeal, and to extend the time to appeal. The court also dismissed the response filed by the respondent. The parties were at liberty to file written submissions regarding the question of costs, with a specified timetable for doing so. The court ordered that each submission as to costs have endorsed on the cover sheet the date on which a copy of that submission was served on the other party.