Dickens v Dickens Dickens v Dickens

[2015] HCASL 142

DICKENS

v

DICKENS

DICKENS

v

DICKENS

[2015] HCASL 142
S83/2015
S84/2015

1. On 7 June 2013, the Family Court of Australia (Rees J) made orders varying parenting orders which had been made on 20 December 2011 in relation to the applicant's and the respondent's two children; and, on 16 September 2014, Johnston J made further orders suspending contact between the applicant and the younger of those two children.

2. On 14 April 2015, Ainslie-Wallace J refused applications by the applicant for extensions of time in which to appeal against those orders.  As her Honour noted in her reasons for judgment, the application for extension of time in which to appeal against the orders of Rees J was some 21 months out of time and the application for extension of time in which to appeal from the orders of Johnston J was six months out of time, and the applicant did not offer any satisfactory reason for his delay in either case.  The judge also found that there was no merit in the applicant's proposed grounds of appeal in either case.

3. The applicant now seeks special leave to appeal from the rejection of both applications for extension of time. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

4. Ainslie-Wallace J decided each application for extension of time in accordance with settled principle, and hence no point of general principle would fall for consideration if special leave to appeal were granted in either case.  Nor has the applicant advanced a sufficient reason to doubt the soundness of Ainslie-Wallace J's exercise of discretion in either case.

5. It is, therefore, not in the interests of justice generally or in these particular cases that special leave to appeal be granted.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal orders dismissing each application.

G.A.A. Nettle
3 September 2015 M.M. Gordon