Feiteiro v Feiteiro

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FEITEIRO

v

FEITEIRO

[2019] HCASL 279
M68/2019

  1. The applicant requires an extension of time within which to file an application for special leave to appeal from the decision of the Family Court of Australia. An appeal to this Court would enjoy insufficient prospects of success to warrant the grant of special leave. Hence, it would be futile to grant the extension of time that is sought. Special leave should be refused.

  2. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M Bell S.J Gageler
11 September 2019
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Details
Case
[2019] HCASL 279
Decision Date

CaseChat Overview and Summary

In the case of Feiteiro v Feiteiro, the applicant sought an extension of time to file an application for special leave to appeal from a decision of the Family Court of Australia. The application was brought before the High Court of Australia, which was tasked with determining whether an extension of time should be granted and if the application for special leave would have sufficient prospects of success. The High Court was also required to decide whether granting the extension would be futile.

The primary legal issue before the High Court was whether the extension of time sought by the applicant would be futile. The court needed to assess the merits of the application for special leave and determine if there was a real prospect of success for such an appeal. In this case, the High Court found that the application for special leave had insufficient prospects of success to warrant the grant of special leave. As a result, granting the extension of time would be futile.

The High Court concluded that the application for an extension of time should be dismissed. The court found that granting the extension would be futile as the prospects of success for the application for special leave were insufficient. The High Court directed the Registrar to draw up, sign, and seal an order dismissing the application. This decision was made on 11 September 2019 by Justice Bell and Justice Gageler.

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