Boreham and Dawkins

In the matter of *Boreham and Dawkins*, heard before Cronin J, the father sought to appeal a decision of the Family Court of Australia. The mother opposed the father's application.

The central legal issue before the court was whether the father's application for leave to appeal was filed within the prescribed time limits. The court was required to determine if the father had established exceptional circumstances to justify an extension of time for filing his appeal.

Cronin J found that the father had not demonstrated exceptional circumstances warranting an extension of time. The court applied the principles governing extensions of time for appeals, considering factors such as the merits of the proposed appeal, the length of the delay, and the reasons for the delay. Ultimately, the court concluded that the application was out of time and that there were no grounds to grant an extension.

Consequently, the father's application was struck out, and he was ordered to pay the mother's costs fixed at $3000.