FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Jakobsson & Jakobsson [2025] FedCFamC1A 47
Appeal from: Jakobsson & Jakobsson (No 2) [2024] FedCFamC2F 1873 Appeal number: NAA 45 of 2025 File number: DNC 200 of 2023 Judgment of: AUSTIN J Date of judgment: 17 March 2025 Catchwords: FAMILY LAW – APPLICATION IN AN APPEAL – Review of decision – Where the applicant seeks review of the appeal registrar’s decision to reject his Application in an Appeal seeking leave to file an appeal out of time – Where the primary judge made a superannuation splitting order without the superannuation trustee first having had procedural fairness in respect of it – Orders of the appeal registrar set aside – Where the time for the applicant to appeal from the orders is extended by one day – No order as to costs. Legislation: Family Law Act 1975 (Cth) Pt VIII, ss 90XS, 90XZD
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 13.12
Cases cited: Naisby & Naisby (2021) FLC 94-025; [2021] FamCAFC 92
Whitmore & Whitmore [2022] FedCFamC1A 75
Number of paragraphs: 24 Date of hearing: 17 March 2025 Place: Newcastle (via Microsoft Teams) Solicitor Advocate for the Applicant: Dr Owoeye Solicitor for the Applicant: Layebs Law Solicitor Advocate for the Respondent: Dr Kelly Solicitor for the Respondent: Kelly & Partners Lawyers ORDERS
NAA 45 of 2025
DNC 200 of 2023FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MR JAKOBSSON
Applicant
AND: MS JAKOBSSON
Respondent
ORDER MADE BY:
AUSTIN J
DATE OF ORDER:
17 MARCH 2025
THE COURT ORDERS THAT:
1.The orders made by the appeal registrar on 4 March 2025 (as amended on 6 March 2025) are set aside.
2.The time for the applicant to appeal from orders made on 24 December 2024 by the Federal Circuit and Family Court of Australia (Division 2) is extended to 12.00 noon AEDT on Tuesday 18 March 2025.
3.Otherwise:
(a)the Application in an Appeal filed on 6 March 2025 is dismissed; and
(b)the Response to an Application in an Appeal filed on 14 March 2025 is dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
IT IS NOTED that publication of this judgment by this Court under the pseudonym Jakobsson & Jakobsson has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX TEMPORE
REASONS FOR JUDGMENTAUSTIN J:
The time for the applicant to appeal from orders made by a judge of the Federal Circuit and Family Court of Australia (Division 2) on 24 December 2025 is extended for the following…
Continue reading Jakobsson & Jakobsson
Sign in free to access the full text
- AGLC
- Jakobsson & Jakobsson [2025] FedCFamC1A 47
- Case
- [2025] FedCFamC1A 47
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether Mr Jakobsson had demonstrated a substantial issue to be raised in the appeal, as required by established legal principles. The court also had to consider whether there were any exceptional circumstances justifying an extension of time to appeal. Furthermore, the court needed to assess the impact of the superannuation splitting order on the superannuation trustee, who had not been afforded procedural fairness before the order was made.
The court found that Mr Jakobsson had not demonstrated a substantial issue to be raised in the appeal, as required by the legal principles. The court noted that the primary judge had made a superannuation splitting order without providing the superannuation trustee with procedural fairness. However, the court determined that this issue did not warrant an extension of time to appeal. The court also found that Mr Jakobsson's delay in filing the appeal and his lack of a compelling reason for the delay weighed against granting an extension of time. Ultimately, the court set aside the appeal registrar's orders, extended the time for Mr Jakobsson to appeal by one day, and dismissed his application to review the appeal registrar's decision. There was no order as to costs.
The court ordered that the orders made by the appeal registrar on 4 March 2025 were set aside. The time for Mr Jakobsson to appeal from the orders made on 24 December 2024 was extended to 12.00 noon AEDT on Tuesday 18 March 2025. The application in an appeal filed on 6 March 2025 was dismissed, as was the response to an application in an appeal filed on 14 March 2025.
Orders
Orders of the court
NAA 45 of 2025
DNC 200 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION
BETWEEN:
MR JAKOBSSON
Applicant
AND:
MS JAKOBSSON
Respondent
ORDER MADE BY:
AUSTIN J
DATE OF ORDER:
17 MARCH 2025
THE COURT ORDERS THAT:
1. The orders made by the appeal registrar on 4 March 2025 (as amended on 6 March 2025) are set aside.
2. The time for the applicant to appeal from orders made on 24 December 2024 by the Federal Circuit and Family Court of Australia (Division 2) is extended to 12.00 noon AEDT on Tuesday 18 March 2025.
3. Otherwise:
(a) the Application in an Appeal filed on 6 March 2025 is dismissed; and
(b) the Response to an Application in an Appeal filed on 14 March 2025 is dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.