Kettle and Baker;; Kettle and Green

FAMILY COURT OF AUSTRALIA

KETTLE & BAKER;
KETTLE & GREEN [2010] FamCAFC 73

FAMILY LAW - APPEAL – Application for extension of time to file appeals – Father attempted to file one notice of appeal in time, but two notices were required because there are two respondents – Where the father waited until the last moment to file his appeals – Where the merits of the appeals are marginal – Where the father has filed appeals within time against further orders of the Federal Magistrate – Appropriate that leave be granted – Where the hearing of the appeals should be expedited.

Family law - COSTS – Whether the father should pay the respondents’ costs – Where the application was necessary because of the father’s delay – Where the merits of the appeal seem marginal – Costs ordered.

Family Law Act 1975 (Cth)

APPELLANT: Mr Kettle

RESPONDENT:

RESPONDENT:

Ms Baker

Ms Green

FILE NUMBER:	BRC	6527	of	2009
BRC	6532	of	2009

APPEAL NUMBER:	NA	22	of	2010
NA	23	of	2010

DATE DELIVERED: 24 March 2010

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: May J

HEARING DATE: 24 March 2010

LOWER COURT JURISDICTION: Federal Magistrates Court

LOWER COURT JUDGMENT DATE: 25 November 2009

LOWER COURT MNC: [2009] FMCAfam 1488

REPRESENTATION

SOLICITOR FOR THE APPELLANT: In person

SOLICITOR FOR THE RESPONDENTS:

Ms Ellis

Burchill & Horsey Lawyers

Orders

1. The time within which the father may file Notices of Appeal against the orders of Federal Magistrate Jarrett made on 25 November 2009 be extended to 4:00pm on Wednesday 24 March 2010.

2. The appeals NA22 of 2010 and NA23 of 2010 be consolidated, together with the appeals NA39 of 2010 and NA40 of 2010.

3. The appeals NA22 of 2010, NA23 of 2010, NA39 of 2010 and NA40 of 2010 be heard together on 12 April 2010, not before 2:15pm.

4. The appellant pay the respondents’ costs as assessed.

IT IS NOTED that publication of this judgment under the pseudonym Kettle & Baker & Green is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

IN THE APPELLATE JURISDICTION OF THE  FAMILY COURT OF AUSTRALIA
AT BRISBANE

Appeal Number: NA 22 of 2010
  NA 23 of 2010
File Number: BRC 6527 of 2009

BRC 6532 of 2009

Mr Kettle

Appellant

And

Ms Baker

Respondent

And

Ms Green

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

Introduction

1. This is an application in an appeal filed 22 February 2010 by Mr Kettle.  There are actually two applications because they relate to appeals against two respondents. 

2. It is asked that leave be given out of time although Mr Kettle, according to the chronology he has provided me, first attempted to file an appeal on 23 December 2009. It was rejected. The difficulty was that two separate notices of appeal are required for the two respondents. As Ms Ellis, who appears for the two respondents, correctly points out, Mr Kettle’s action left the filing of the notice of appeal to the last possible moment, the order…