Kaba & Zemin

The appellant, Mr Kaba, filed an application in an appeal against the respondent, Ms Zemin, seeking various forms of interlocutory relief in relation to an appeal concerning family law matters. The application was dismissed by Austin J in the Federal Circuit and Family Court of Australia's appellate jurisdiction. The appellant sought the court to procure the trial transcript at its expense, a request that was firmly denied as there was no convincing reason to relieve him of the responsibility to procure the transcript himself. Additionally, the appellant sought to vacate the date of the hearing of the appeal, despite having adequate time to prepare for the appeal hearing, and this application was also dismissed. The appellant's request to join third parties to the appeal was deemed misguided, as it did not align with the procedural rules and the nature of the appeal.

The court further addressed the appellant's request to extend an order made at first instance under s 102NA of the Family Law Act 1975 (Cth). The court found there would be no cross-examination in the appeal, making the s 102NA order unnecessary. The appellant also sought to stay the financial orders made by the primary judge pending the disposition of the appeal, a request that was denied because the appellant had not made any stay application to the primary judge as required by the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth). Moreover, the court ruled that orders for disclosure and suspension of child support obligations could not be made in the appellate jurisdiction. Consequently, the application in an appeal was dismissed in its entirety. The court also dismissed the oral applications for costs by the respondent and the Independent Children's Lawyer.