Enmore v Smoothe

[2015] HCASL 70

ENMORE

v

SMOOTHE

[2015] HCASL 70
B45/2014; B47/2014

1. The applicant applies for special leave to appeal from the orders of the Full Court of the Family Court of Australia (May, Thackray and Aldridge JJ) made on 23 July 2014 dismissing appeals against an interim parenting order made by the Federal Circuit Court of Australia (Judge Demack) (B45/2014) and orders made in the Family Court (Bell J) arising out of the applicant's contravention of interim parenting orders (B47/2014).

2. The applicant requires an enlargement of time in which to file each application[1].  The delay is not satisfactorily explained in the rambling affidavit material filed in support of each application.  In any event, for the reasons to be given, there is no utility in making orders dispensing with the requirement of the Rules as to time. 

   [1]High Court Rules 2004 (Cth), r 41.02.1.

3. In neither application does the applicant identify a question of law suitable for the grant of special leave.  Her proposed grounds of appeal in each application are not proper grounds.  As the summary of argument makes clear in each case, the essence of the intended challenge is to factual findings.  There is no utility in an appeal against the interim parenting order since the trial of the parenting application in the Family Court (Forrest J) has now taken place.  Forrest J's final orders will provide the parenting arrangements for the child.  The interests of the administration of justice are not engaged by either application. 

4. The applications are dismissed. 

5. The applicant was legally represented at the time the applications were filed.  She has since filed a notice of intention to act in person in both matters.  The respondent refers to the history of the proceedings in his summary of argument and seeks a special costs order in each matter.  The foundation for the orders sought is not established.

6. Pursuant to r 41.11.1, we direct the Registrar to draw up, sign and seal orders dismissing each application with costs.

V.M. Bell
6 May 2015 S.J. Gageler