Davint v Malburon

[2015] HCASL 240

DAVINT

v

MALBURON

[2015] HCASL 240
M222/2015

1. The Federal Magistrates Court of Australia (Turner FM) made final orders, by consent, to give effect to a property settlement between the applicant and the respondent.  The applicant filed an application seeking orders that the respondent comply with the consent orders, and later sought an order that the time for settlement be extended.  Turner FM declined to make the order extending the time for settlement on the basis that the order would have conflicted with the consent orders and dismissed the applicant's application.  An appeal by the applicant to a single justice of the Family Court of Australia (Strickland J) exercising that Court's appellate jurisdiction was unsuccessful.

2. The applicant now seeks special leave to appeal against the orders of the Family Court. The applicant does not have legal representation and requires an enlargement of time for the filing of his application for special leave. The application therefore falls to be dealt with under rr 4.02 and 41.10 of the High Court Rules 2004 (Cth).

3. The decision of the Family Court involved the resolution of matters of practice and procedure by the application of well-settled principles.  Nothing in the applicant's application casts doubt on the correctness of the decisions below or suggests that there is a question of principle which warrants a grant of special leave.  It would therefore be futile to grant the enlargement of time sought by the applicant.  The application is dismissed.

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

V.M. Bell
17 December 2015 S.J. Gageler