Harrison & Ward

Mr Harrison filed an application for an extension of time to appeal certain orders made in family law proceedings. Ms Ward and Mr Kramer opposed the application. The court was required to determine whether an extension of time should be granted, and if so, on what conditions. The court also needed to consider the appropriate timelines for the filing of summaries of argument and lists of authorities by all parties.

The court found that the application for an extension of time was made out of time, but the delay was neither unreasonable nor inexcusable. The court was satisfied that the applicant had a bona fide prospect of success on the appeal, and there were other compelling reasons to grant the extension. The court considered the financial position of the applicant, the complexity of the issues, and the potential impact on the applicant's legal rights. The court concluded that the applicant should be granted an extension of time, subject to the payment of a sum into court and compliance with other procedural requirements.

The court ordered that the applicant pay a sum into court by a specified date, and granted an extension of time to file a notice of appeal, subject to compliance with that condition. The court also set timelines for the filing of summaries of argument and lists of authorities by all parties, and ordered that the appeal be listed for hearing together with other appeals. The court further ordered that these orders and reasons for judgment be published to professional legal bodies, and that Ms Ward be considered for legal assistance. The court also granted Ms Ward leave to apply for the sum paid into court, and waived the obligation on the applicant to pay a filing fee.

The final orders included the grant of an extension of time to file a notice of appeal, subject to payment into court, the setting of timelines for the filing of summaries of argument and lists of authorities, and the listing of the appeal for hearing. The court also ordered the publication of these orders and reasons for judgment, and granted Ms Ward leave to apply for the sum paid into court. The obligation on the applicant to pay a filing fee was waived.