Bukari & Bukari (No 3)

[2023] FedCFamC1A 83

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1) APPELLATE JURISDICTION

Bukari & Bukari (No 3) [2023] FedCFamC1A 83

Appeal from:	Orders dated 16 May 2023
Appeal number(s):	NAA 113 of 2023
File number(s):	PAC 3346 of 2020
Judgment of:	SCHONELL J
Date of judgment:	25 May 2023
Catchwords:	FAMILY LAW – APPLICATION IN AN APPEAL – Where the appellant filed an Application in an Appeal seeking to review the appeal registrar’s decision to summarily dismiss the Notice of Appeal – Where the appellant did not appear at the hearing of the appeal – Application in an Appeal dismissed.
Number of paragraphs:	5
Date of hearing:	25 May 2023
Place:	Sydney
The Appellant:	No appearance
Counsel for the Respondent:	Ms Yu
Solicitor for the Respondent:	AS Family Lawyers

ORDERS

NAA 113 of 2023
PAC 3346 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MR BUKARI

Appellant

AND:

MS BUKARI

Respondent

order made by:	SCHONELL J
DATE OF ORDER:	25 MAY 2023

THE COURT ORDERS THAT:

1.The Application in an Appeal filed 17 May 2023 is dismissed.

2.The costs of the respondent for the hearing today are reserved and will be determined at the listing of the primary appeal on 25 July 2023.

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 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

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

EX TEMPORE REASONS FOR JUDGMENT

SCHONELL J:

1. Listed today is an Application in an Appeal filed on 17 May 2023 by the appellant seeking review of a decision of the appeal registrar delivered 16 May 2023, wherein the appeal registrar dismissed the appellant’s Notice of Appeal filed 1 May 2023.

2. The appellant was given notice of today’s listing by way of an email dated 18 May 2023, and I mark as Exhibit 1 in this application the email from the appeal registrar to the appellant and to the solicitor for the respondent.

3. The matter was called this morning at about 9.30 am and there was no appearance for the appellant. Ms Yu who appears for the respondent said that she had not seen the appellant at Court this morning.

4. I indicated that I would stand the matter down to 9.50 am.The matter resumed at about 9.50 am. The matter was again called.  There was no answer in relation to the call.

5. In those circumstances, where there is no appearance by the appellant, I propose to dismiss the application in an appeal.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of the Honourable Justice Schonell.

Associate:

Dated:       25 May 2023