Gin & Hing

The appellant, Mr Gin, sought an extension of time to file his Summary of Argument and an Amended Notice of Appeal in an appeal against Ms Hing in the Federal Circuit and Family Court of Australia. Mr Gin also sought to vacate the hearing date and to be granted leave to issue a subpoena to the Australian Health Practitioner Regulation Agency. The appeal arose from a decision of the Family Court in a matter involving the custody of a child. The appeal was complex, and the Notice of Appeal was prolix and difficult to understand. Mr Gin had difficulty obtaining counsel to brief the appeal and claimed he could not brief a barrister without the transcript or the Appeal Book. Mr Gin declined to provide communications with barristers regarding their availability.

The court had to decide whether to grant Mr Gin’s applications. The court found that while Mr Gin’s difficulties in obtaining counsel were genuine, they were largely of his own making. The court considered that the interests of justice were best achieved by giving Mr Gin an extension of time for filing the Summary of Argument and the Amended Notice of Appeal. However, the court decided that the hearing date should not be vacated, and the appeal would stand dismissed if the documents were not filed by the extended deadline. The court also decided that the application for the subpoena needed to be heard by the Full Court, pursuant to rule 13.34 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

The court ordered that the time in which Mr Gin was to file and serve a Summary of Argument be extended to 15 April 2024. Leave was granted to file and serve an Amended Notice of Appeal on or before the same date. If either document was not filed by that date, the appeal would stand dismissed. The respondent, Ms Hing, was granted leave to file and serve a further Summary of Argument by 24 April 2024. The application for the subpoena was adjourned to be heard by the Full Court at 10.00 am on 29 April 2024. The costs of the Application in an Appeal were reserved to the hearing of the appeal.