COWPER & JENKINS

FAMILY COURT OF AUSTRALIA

COWPER & JENKINS [2017] FamCAFC 39

FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – Extension of time – Application for an extension of time in which to file a Notice of Appeal – Where the applicant seeks to appeal three sets of orders made by the primary judge – Where one set of orders was made by the consent of the parties – Where the applicant alleges fraud on the part of the respondent – Where there is no evidence that there is any merit to the proposed appeal – Where there is no reasonable explanation for delay – Application dismissed – Applicant ordered to pay the respondent’s costs of the application.

Family Law Act 1975 (Cth)

Family Law Rules 2004 (Cth) rr 1.14, 22.03

Allan and Ors & Allan and Ors (2014) FLC 93-606
Gallo v Dawson (1990) 93 ALR 479
Robinson & Willis (1982) FLC 91-215

APPLICANT: Mr Cowper

RESPONDENT: Ms Jenkins

FILE NUMBER: SYC 7499 of 2010

APPEAL NUMBER: EA 16 of 2017

DATE DELIVERED: 16 March 2017

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Aldridge J

HEARING DATE: 2 March 2017

LOWER COURT JURISDICTION: Federal Circuit Court of Australia

LOWER COURT JUDGMENT DATE: 27 February 2017

LOWER COURT MNC: [2015] FCCA 357

REPRESENTATION

THE APPLICANT: In person with a McKenzie friend

SOLICITOR FOR THE RESPONDENT: Katie Smith Solicitor

Orders

1. The Application in an Appeal filed on 20 January 2017 seeking an extension of time in which to appeal is dismissed.

2. The applicant is to pay the respondent’s costs as agreed or, in default of agreement, as assessed.      

Note: The form of the order is subject to the entry of the order in the Court’s records.

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

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

IN THE APPELLATE JURISDICTION OF THE FAMILY COURT OF AUSTRALIA
AT SYDNEY

Appeal Number:  EA 16 of 2017
File Number: SYC 7499 of 2010

Mr Cowper

Applicant

And

Ms Jenkins

Respondent

REASONS FOR JUDGMENT

Introduction

1. By an Application in an Appeal filed on 20 January 2017 Mr Cowper (“the applicant”) seeks an extension of time in which to appeal from orders of the Federal Circuit Court of Australia made on 27 February 2015, 24 June 2015 and 1 November 2016.  The orders were made in de facto property proceedings between Ms Jenkins (“the respondent”) and X Pty Ltd on the one hand and the applicant on the other.

2. On 27 February 2015 Judge Kemp declared that the applicant and the respondent had been in a de facto relationship for periods totalling 10…