Bourke v Bourke

[1998] HCATrans 408

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S80 of 1998

B e t w e e n -

FREDERICK JOSEPH BOURKE

Applicant

and

AMANDA JANE BOURKE

Respondent

Application for special leave to appeal

McHUGH J
HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 20 NOVEMBER 1998, AT 12.53 PM

Copyright in the High Court of Australia

McHUGH J:   In this matter, no oral argument is to be presented to the Court.  The Court is in a position to give its judgment, having read the papers in the matter.

The applicant seeks special leave to appeal from a judgment of the Full Court of the Family Court of Australia. The applications made to the primary judge included an application under section 79A of the Family Law Act 1975 (Cth) to set aside consent orders made with respect to the property of parties to a marriage. The applicant contends that there are questions about the proper construction of that section and, in particular, the construction of subsection (1C) that are questions that should be considered by this Court. This is not a suitable vehicle for consideration of the questions of construction that the applicant seeks to agitate. The disposition of the primary application and the appeal to the Full Court depended largely upon questions of the fact and the exercise of discretion in the light of those facts.

In so far as it is sought to reagitate those issues of fact and discretion, they are not issues that raise any point of principle and we are not persuaded that an appeal to this Court would enjoy sufficient prospects of success to warrant a grant of special leave.  Special leave is refused with costs.

AT 12.54 PM THE MATTER WAS CONCLUDED