Kipling & Netis (No. 5)

[2021] FamCAFC 135

FAMILY COURT OF AUSTRALIA

Kipling & Netis (No. 5) [2021] FamCAFC 135

Appeal from:	Netis & Kipling [2020] FCCA 2852
Appeal number(s):	NOA 56 of 2020
File number(s):	TVC 809 of 2015
Judgment of:	STRICKLAND J
Date of judgment:	15 July 2021
Catchwords:	FAMILY LAW – APPEAL – Where the father’s appeal is listed for consideration of dismissal pursuant to r 22.45 of the Family Law Rules 2004 (Cth) – Where the father has not complied with an order for the payment of security for costs – Where there is no appearance by or on behalf of the father – Appeal dismissed.
Legislation:	Family Law Rules 2004 (Cth) rr 22.45, 22.45(3)
Division:	Appeal Division
Number of paragraphs:	13
Date of hearing:	15 July 2021
Place:	Brisbane by Microsoft Teams audio link
The Appellant:	no appearance
The Respondent:	In Person

ORDERS

NOA 56 of 2020
TVC 809 of 2015

APPEAL DIVISION OF THE FAMILY COURT OF AUSTRALIA

BETWEEN:

MR KIPLING

Appellant

AND:

MS NETIS

Respondent

ORDER MADE BY:	STRICKLAND J
DATE OF ORDER:	15 JULY 2021

THE COURT ORDERS THAT:

1.Pursuant to Rule 22.45 of Family Law Rules 2004 Appeal No. NOA 56 of 2020 be dismissed.

2.That there be no order as to costs.

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 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

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

REASONS FOR JUDGMENT

1. Before the Court today is an appeal filed by the appellant father on 3 November 2020.

2. On 1 September 2020 the appellant father filed an Application in an Appeal seeking an order extending the time to file a Notice of Appeal from orders made by a Judge of the Federal Circuit Court of Australia on 20 July 2020.  The respondent mother filed a response primarily seeking the dismissal of that application, but in the event that an extension of time was granted, seeking an order for security for costs.

3. The application of the appellant father, seeking an order extending the time to file a Notice of Appeal was granted, and the Notice of Appeal filed on 3 November 2020 was filed as a result of that extension of time.

4. In relation to the question of security for costs, that was heard on 2 December 2020, and orders were made providing that within six months of that date the appellant father pay to the solicitors for the respondent mother the amount of $10,000 by way of security for the costs of the respondent mother in relation to the appeal, with such amount being held by the solicitors pending…