D v B

[2015] HCASL 9

D

v

B

[2015] HCASL 9
P48/2014

1. On 10 February 2012, the Family Court of Western Australia (Moncrieff J) made an order granting the applicant supervised access to his two children for up to two hours per fortnight.  Subsequently, his Honour suspended the operation of that order pending the applicant's compliance with an order that required him to undergo psychiatric treatment and management. 

2. The applicant filed an appeal against Moncrieff J's order in the Court of Appeal of the Supreme Court of Western Australia.  The issue in the pending appeal is whether Moncrieff J erred in suspending the order for supervised access.  The applicant brought an interim application in the Court of Appeal (Newnes and Murphy JJA) claiming orders including for access to the children for two days per week (apparently on an unsupervised basis). 

3. The Court of Appeal dismissed the interim application, noting that the effect of the orders sought would be not only to reverse the suspension of the order but to grant access rights well in excess of the rights previously granted. 

4. The applicant applies for special leave to appeal from the orders of the Court of Appeal. The applicant does not have legal representation and his application falls to be determined under r 41.10 of the High Court Rules 2004 (Cth).

5. Nothing in the prolix material filed in support of the application identifies a question suitable for the grant of special leave to appeal.  The decision of the Court of Appeal on this matter of practice and procedure was plainly correct. 

6. The application is dismissed.

7. Pursuant to r 41.10.5, we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
5 March 2015 S.J. Gageler