Bruyn v Witjitpun

[2005] HCATrans 339

[2005] HCATrans 339

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry  No C15 of 2004

B e t w e e n -

JOHANNES BRUYN

Applicant

and

BENJAMAS WITJITPUN

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 26 MAY 2005, AT 9.17 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant seeks special leave to appeal from orders of the Full Court of the Family Court made on 20 October 2004, whereby an appeal and an application for leave to appeal were dismissed together with all ancillary applications.

Section 94AA(1) of the Family Law Act 1975 (Cth) stipulates that an appeal did not lie in the circumstances of this litigation to the Full Court except by leave of the Full Court. Section 123 confers a power to make Rules of Court including rules providing for and in relation to the time and manner of instituting appeals in and to the Family Court. Chapter 22 of the Family Law Rules 2004, headed “Appeals”, deals with these matters.

The applicant wishes to contend in this Court that the time limit provisions in Ch 22 are inconsistent with s 94AA(1) and beyond the rule‑making power conferred by s 123. There are insufficient prospects of success in such an argument to warrant a grant of special leave. Special leave is refused with costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing with costs this application for special leave.

AT 9.19 AM THE MATTER WAS CONCLUDED