Hymer v Bardley

CaseChat Overview and Summary

In the matter of Hymer v Bardley, the applicant sought an extension of time to file an application for special leave to appeal a Family Court of Australia decision. The decision in question was rendered by Justice Strickland. The applicant, Hymer, had until a certain date to lodge the application, but required an extension to do so. The primary issue the court needed to address was whether the extension of time should be granted, considering the lack of prospects for the appeal's success.

The court was tasked with weighing the merits of granting the extension against the futility of the appeal itself. The appeal had been deemed to have no prospects of success, a conclusion that significantly influenced the court's decision. Despite the applicant's need for more time, the court had to consider the principle that it is inappropriate to grant extensions in cases where the appeal is likely to be unsuccessful. The court found that, given the appeal's lack of merit, granting the extension would not serve any useful purpose.

The court, in its reasoning, upheld the Family Court's decision not to grant the extension. The applicant's request was dismissed, and the court directed the Registrar to prepare an order to this effect. This decision was made under the authority of rule 41.08.1 of the High Court Rules 2004 (Cth). The court concluded that it would be inappropriate to grant the extension as it would not lead to a successful appeal. Therefore, the application was dismissed, and no extension was granted.

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CaseChat Overview and Summary

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Legal Principle Established

S.J. Gageler	J.M. Jagot
16 March 2023