FAMILY COURT OF AUSTRALIA
| KOVACS & GRAHAM AND ANOR | [2016] FamCAFC 172 |
| FAMILY LAW – APPEAL – PROCEDURE – Application to review Appeals Registrar’s orders – Application for Appeals Registrar to prepare appeal books – Application to reinstate abandoned appeals – Where the application was filed out of time – Where the appeals were deemed abandoned by reason of the application not able to be listed before the due date to file the appeal books – Where the appellant sought in his application to the Appeals Registrar that the Independent Children’s Lawyer prepare the appeal books – Where the appellant failed to provide adequate evidence before the Appeals Registrar – Where the Appeals Registrar’s decision was correct to refuse that application – Where on application to the Full Court the appellant was able to demonstrate exceptional hardship per Xuarez & O’Halloran & Anor [2013] FamCAFC 13 – Extension of time to file the application granted – Leave to review the Appeal Registrar’s orders allowed in part – The Appeals Registrar will prepare the appeal books on the appellant’s behalf – Where the issue of transcripts has been reserved to the Full Court – Where the issue of costs is reserved to the Full Court. |
| Family Law Act 1975 (Cth) Family Law Rules 2004 (Cth) r 22.18(2)(b), 22.40, 22.44 |
| Bele & Vaughan (No.2) [2012] FamCAFC 125 |
| APPLICANT: | Mr Kovacs |
| RESPONDENT: | Ms Graham |
| INDEPENDENT CHILDREN’S LAWYER: | Susan Gray |
| FILE NUMBER: | CSC | 762 | of | 2010 |
| APPEAL NUMBER: | NA | 62 | of | 2015 |
| NA | 87 | of | 2015 | |
| NA | 4 | of | 2016 | |
| NA | 14 | of | 2016 | |
| NA | 15 | of | 2016 |
| DATE DELIVERED: | 1 September 2016 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | May J |
| HEARING DATE: | 1 September 2016 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 21 October 2015, 10 December 2015, 3 February 2016, 11 February 2016 |
| LOWER COURT MNC: | [2015] FamCA 1073; [2015] FamCA 900; [2015] FamCA 1115 |
REPRESENTATION
| THE APPELLANT: | Mr Kovacs (in person) |
| THE RESPONDENT: | Ms Graham (in person) |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Ms McArdle |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Susan Gray |
Orders
The appeals NA62 of 2015, NA87 of 2015, NA4 of 2016, NA14 of 2016 and NA15 of 2016 are reinstated.
That paragraphs (3) and (4) of the Amended Application in an Appeal filed by the applicant on 15 August 2016 to review the Appeal Registrar’s orders of 7 July 2016 are allowed in part.
That Orders (4) – (8) of the Orders made by Registrar Kane on 7 July 2016 be discharged
The Regional Appeals Registrar shall prepare the appeal books in accordance with the settled index in appeals NA62 of 2015, NA87 of 2015, NA4 of 2016, NA14 of 2016 and NA15 of 2016 and deliver the same to the parties by Friday 25 November 2016.
It is further directed that:
(a)The Appellant file…
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- Case
- [2016] FamCAFC 172
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the appeals should be reinstated and, if so, what steps should be taken to proceed with the appeals. Additionally, the court needed to determine the appropriate deadlines for filing summaries of argument and lists of authorities by the parties involved.
In its decision, the court reinstated the appeals and allowed certain parts of the amended application. The orders made by the Appeal Registrar were discharged, and the Regional Appeals Registrar was directed to prepare the appeal books and deliver them to the parties. The court also set specific deadlines for the appellant, respondent, and Independent Children’s Lawyer to file and serve their summaries of argument and lists of authorities. The issue of costs was reserved for the Full Court to decide.
The court's orders included the reinstatement of the specified appeals, the allowance of parts of the amended application, the discharge of certain orders, and the setting of deadlines for the filing of further documents. The issue of costs was deferred to the Full Court.
Orders
Orders of the court
1.
The appeals NA62 of 2015, NA87 of 2015, NA4 of 2016, NA14 of 2016 and NA15 of 2016 are reinstated.
2.
That paragraphs (3) and (4) of the Amended Application in an Appeal filed by the applicant on 15 August 2016 to review the Appeal Registrar’s orders of 7 July 2016 are allowed in part.
3.
That Orders (4) – (8) of the Orders made by Registrar Kane on 7 July 2016 be discharged
4.
The Regional Appeals Registrar shall prepare the appeal books in accordance with the settled index in appeals NA62 of 2015, NA87 of 2015, NA4 of 2016, NA14 of 2016 and NA15 of 2016 and deliver the same to the parties by Friday 25 November 2016.
5.
It is further directed that:
(a) The Appellant file and serve the Summary of Argument and List of Authorities upon which he wishes to rely in respect of appeals NA62 of 2015, NA87 of 2015, NA4 of 2016, NA14 of 2016 and NA15 of 2016 by 4.00pm on Friday 20 January 2017.
(b) That the Respondent file and serve the Summary of Argument and List of Authorities upon which she wishes to rely in respect of appeals NA62 of 2015, NA87 of 2015, NA4 of 2016, NA14 of 2016 and NA15 of 2016 by 4.00pm on Friday 24 February 2017.
(c) That the Independent Children’s Lawyer file and serve the Summary of Argument and List of Authorities upon which they wish to rely in respect of appeals NA62 of 2015, NA87 of 2015, NA4 of 2016, NA14 of 2016 and NA15 of 2016 by 4.00pm on Friday 24 March 2017.
6.
The issue of costs is reserved to the Full Court.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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