FAMILY COURT OF AUSTRALIA
| HAYKAL & KRAWIEC AND ANOR | [2014] FamCAFC 110 |
| FAMILY LAW – APPLICATION IN AN APPEAL – REINSTATEMENT OF APPEAL – where the applicant seeks reinstatement of an appeal against parenting orders and/or an extension of time to appeal those orders – where the Full Court considered the reasons for discontinuing the appeal and the proposed grounds of appeal and found that reinstatement of the appeal would not serve the interests of justice – application dismissed. FAMILY LAW – APPEAL – APPLICATIONS FOR STAY OF INDEMNITY COSTS ORDER PENDING APPLICATION FOR SPECIAL LEAVE TO APPEAL TO THE HIGH COURT – where an indemnity costs order had been made by a trial judge against the applicant – where an earlier Full Court dismissed an appeal by the applicant against the indemnity costs order – where the applicant applied to the High Court for special leave to appeal the dismissal of the appeal against the indemnity costs order – where the High Court had refused to grant special leave to appeal – where this Full Court found no utility in the stay applications following the decision of the High Court – application dismissed. |
| Evidence Act 1995 (Cth) s 135, s 136 |
| Bele & Vaughan (No 2) [2012] FamCAFC 125 Bemert & Swallow (2010) FLC 93-441 Gallo v Dawson (1990) 93 ALR 479 House v the King (1936) 55 CLR 499 Jeeves & Jeeves [2010] FamCAFC 243 Rand & Rand [2009] FamCAFC 88 Rice v Asplund (1979) FLC 90-725 |
| APPELLANT: | Mr Haykal |
| RESPONDENT: | Ms Krawiec |
| INTERVENER: | The Official Trustee in Bankruptcy |
| FILE NUMBER: | SYC | 731 | of | 2009 |
| APPEAL NUMBER: | EA | 85 | of | 2012 |
| DATE DELIVERED: | 25 June 2014 |
| PLACE DELIVERED: | Canberra |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Finn, May and Strickland JJ |
| HEARING DATE: | 4 December 2013 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 18 May 2012 31 August 2012 |
| LOWER COURT MNC: | [2012] FamCA 379 [2012] FamCA 748 |
REPRESENTATION
| COUNSEL FOR THE APPELLANT: | In person |
| COUNSEL FOR THE RESPONDENT: | Mr Conley |
| SOLICITOR FOR THE RESPONDENT: | Michael Conley Lawyers |
| INTERVENER: | Ms W |
Orders
The applications filed 19 September 2013 and 8 October 2013 be dismissed.
The amended application filed 16 October 2013 be dismissed.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Haykal & Krawiec has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY |
Appeal Number: EA 85 of 2012
File Number: SYC 731 of 2009
| Mr Haykal |
Appellant
And
| Ms Krawiec |
Respondent
And
| The Official Trustee in Bankruptcy |
Intervener
REASONS FOR JUDGMENT
Introduction
On 4 December 2013, the following applications filed by Mr Haykal (“the father”) were listed before this Full Court for hearing:
·an application filed on 19 September 2013 seeking to stay orders made at first instance by Murphy J on 31 August 2012;
·an application filed on 8 October 2013 seeking to stay an order of the…
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- [2014] FamCAFC 110
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