Lindsay v Baker

LINDSAY
v
BAKER & ANOR
[2014] HCASL 2
B53/2013

The applicant seeks special leave to appeal against orders of the Full Court of the Family Court of Australia (Bryant CJ, Finn and Strickland JJ) dismissing her appeal against parenting orders made by a single judge of the Family Court (Bell J) in respect of the child of the relationship between the applicant and the first respondent. Those parenting orders directed (in effect) that the child live with the first respondent.
As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004. The application is made well out of time.
Although the applicant has given notice under s 78B of the Judiciary Act 1903 (Cth), no constitutional issue arises. The decision of the Full Court is not attended by doubt. The applicant raises no arguable ground of appeal. An appeal to this Court would enjoy no prospect of success.
Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
12 February 2014 S.M. Crennan

CaseChat Overview and Summary

The case of Lindsay v Baker is an application for special leave to appeal against orders of the Full Court of the Family Court of Australia, dismissing the applicant's appeal against parenting orders made by a single judge of the Family Court. The parenting orders in question direct, in effect, that the child of the relationship between the applicant and the first respondent live with the first respondent. The applicant, who is unrepresented, seeks special leave to appeal out of time, a matter which falls under the High Court Rules 2004. The Full Court's decision was not attended by doubt, and the applicant has not raised any arguable grounds of appeal.

The primary legal issue before the court was whether the applicant had grounds to appeal against the Full Court's dismissal of her appeal against the parenting orders. The court considered whether the Full Court's decision was attended by doubt, and if the applicant had raised any arguable grounds of appeal. The court also examined whether an appeal would have a prospect of success. The Full Court's decision was not attended by doubt, and the applicant's grounds for appeal were not arguable. Furthermore, an appeal would not have a prospect of success.

In reaching its decision, the court considered the applicant's lack of legal representation, the timeliness of the application, and the arguability of the grounds of appeal. The court found that the Full Court's decision was not attended by doubt, and the applicant had not raised any arguable grounds of appeal. Moreover, the court found that an appeal to the High Court would enjoy no prospect of success. The court held that the application for special leave to appeal should be dismissed. Accordingly, the Registrar was directed to draw up, sign, and seal an order dismissing the application.

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