Harrell

Mr Harrell applied for leave to appeal against orders made by the Family Court of Australia on 5 February 2021. The appeal was brought pursuant to s 102QE of the Family Law Act 1975 (Cth). The application for leave to appeal was dismissed by the Full Court. The Full Court found that Mr Harrell did not satisfy the requirements of s 102QE(3) of the Act. He did not discharge his onus of demonstrating the proposed appeal was not vexatious. The Full Court found the application was pursued without reasonable ground and dismissed the application.
The Full Court noted that an application for leave to appeal from a decision made by a judge of the Family Court of Australia under s 102QB(2) of the Act is governed by s 102QE of the Act. The Full Court also noted that an appeal from an order made by a judge of the Family Court of Australia under s 102QB(2) of the Act should be decided by the Full Court consistent with s 94AA(1) of the Act. The Full Court found Mr Harrell did not discharge his onus of demonstrating that the proposed appeal is not vexatious. The Full Court found that the application was pursued without reasonable ground and dismissed the application for leave to appeal.
The Full Court found Mr Harrell had failed to demonstrate the appeal was not vexatious. The Full Court found there was no reasonable ground to bring the appeal. The Full Court found the appeal would be a waste of the resources of the court and an abuse of the court process. The Full Court found that the application was vexatious and dismissed the application for leave to appeal.
The Full Court ordered that leave to appeal from the orders made by the Family Court of Australia on 5 February 2021 was refused. The Full Court ordered that the Application in an Appeal filed on 1 March 2021 was dismissed. The Full Court ordered that the application be dismissed with costs.