Garcia v Gonzales

[2011] HCASL 111

GARCIA
v
GONZALES
[2011] HCASL 111
S132/2011

1. This is an application for special leave to appeal from the orders of the Full Court of the Family Court of Australia. The Court granted the respondent wife leave to appeal and allowed her appeal from the determination of an interim application for spousal maintenance. The Full Court was critical of the Federal Magistrate's factual findings, which it considered to be against the weight of the evidence. The fundamental difficulty that the Full Court identified was that in the course of determining an application for interim relief, the Federal Magistrate appeared to have concluded that the applicant's earning capacity would not support any order for spousal maintenance, and that final orders would deal only with property pursuant to s 79 of the Family Law Act 1975 (Cth).

2. There are 22 grounds in the draft notice of appeal.  None raises an issue of law suitable for the grant of special leave.  Various challenges are made to the Full Court's assessment of the evidence.  This is an application for special leave to appeal from the determination of an interim application.  It is not in the interests of the administration of justice to grant special leave.  If special leave were granted the appeal would, in any event, have insufficient prospects of success. 

3. 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.

J.D. Heydon
8 June 2011 V.M. Bell