Bulow v Bulow - [2020] HCASL 226

BULOW
v
BULOW
[2020] HCASL 226
A18/2020

The applicant requires an extension of time in which to seek special leave to appeal from a judgment of the Family Court of Australia (Strickland J) dismissing an appeal from a judgment of the Federal Circuit Court of Australia (Judge Heffernan) dismissing an application for orders that Judge Heffernan be recused from rehearing remitted property settlement proceedings and for further and other relief.
The applicant contends, inter alia, that Judge Heffernan was affected by actual and apprehended bias and that the conduct of the hearing before Strickland J was procedurally unfair.
There is no point in granting an extension of time. It is clear from the transcript of proceedings that the applicant's complaints are baseless. An appeal to this Court would enjoy no prospect of success.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

G.A.A. Nettle M.M. Gordon

5 November 2020

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2020] HCASL 226
Decision Date

CaseChat Overview and Summary

In the matter of Bulow v Bulow, the applicant sought an extension of time to seek special leave to appeal from a Family Court judgment that dismissed an appeal from a Federal Circuit Court judgment. The Federal Circuit Court had dismissed an application for orders that the Judge be recused from rehearing remitted property settlement proceedings and for further and other relief. The applicant argued that the Judge was affected by actual and apprehended bias and that the conduct of the hearing was procedurally unfair.

The legal issues before the court were whether the applicant's complaints had any basis and whether an extension of time to appeal should be granted. The court examined the transcript of proceedings and found that the applicant's complaints were baseless. The court also determined that an appeal to the High Court would enjoy no prospect of success.

In reaching its decision, the court noted that the applicant's arguments were not supported by the evidence and that the Family Court had followed the correct procedure in dismissing the appeal. The court also found that the applicant had not demonstrated any good reason for the delay in seeking an extension of time. As a result, the court dismissed the application for an extension of time.

No further orders were made.

Orders