Imaikop and Francis

[2012] FamCAFC 17

FAMILY COURT OF AUSTRALIA

IMAIKOP & FRANCIS [2012] FamCAFC 17

FAMILY LAW ─ APPEAL ─ Application to extend time to appeal ─ Where there was no appearance by the appellant ─ Where the combination of the complete absence of anything to indicate the likelihood of merit if the Application was allowed, combined with the prejudice to the respondent of allowing it, led the Court to exercise its discretion to dismiss the Application

FAMILY LAW ─ APPEAL ─ COSTS ─ Where the Application was not prosecuted, much less successfully and has been wholly unsuccessful ─ Where the circumstances justify a costs order in favour of the respondent

Family Law Act 1975 (Cth) s 117

Gallo v Dawson (1990) 93 ALR 479
Lindon v Commonwealth of Australia (No 2) (1996) 136 ALR 541

APPELLANT: Mr Imaikop

RESPONDENT: Ms Francis

FILE NUMBER: SYC 512 of 2011

APPEAL NUMBER: EAA 1 of 2012

DATE DELIVERED: 6 February 2012

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Coleman J

HEARING DATE: 6 February 2012

LOWER COURT JURISDICTION: Federal Magistrates Court of Australia

LOWER COURT JUDGMENT DATE: 14 November 2011

LOWER COURT MNC:

REPRESENTATION

COUNSEL FOR THE APPELLANT: No appearance by on behalf of the appellant

SOLICITOR FOR THE APPELLANT: No appearance by or on behalf of the appellant

COUNSEL FOR THE RESPONDENT: N/A

SOLICITOR FOR THE RESPONDENT: Slater & Gordon Lawyers

Orders

1. That the application for an extension of time to appeal against orders of the Federal Magistrates Court of 14 November 2011 filed on 6 January 2012 is dismissed.

2. That the appellant pay the respondent’s costs of and incidental to the appeal as agreed or assessed on a party and party basis.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Imaikop & Francis has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

THE APPELLATE JURISDICTION OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY

Appeal Number: EAA 1 of 2012

File Number: SYC 512 of 2011

MR IMAIKOP

Appellant

And

MS FRANCIS

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. This is an Application filed by Mr Imaikop (“the applicant”) seeking an order for extension of time in which to file an appeal against orders made by Federal Magistrate Scarlett.

2. The Application does not appear to identify the date on which the orders asserted to have been made by Federal Magistrate Scarlett and sought to be appealed against were made, nor does the Affidavit in support. Counsel for the respondent, who opposes the extension of time, has made available to the Court orders of 14 November 2011 made by Federal Magistrate Coates.

3. The orders of Federal Magistrate Coates appear to relate to proceedings the nature of which appears to be not dissimilar to what the orders sought by the applicant suggest that he may be seeking to challenge. The applicant has not filed a draft index to the appeal books, nor has the applicant put forward the Reasons for Judgment of…