LTC v US

[2006] HCATrans 111

[2006] HCATrans 111

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S403 of 2005

B e t w e e n -

LTC

Applicant

and

US

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 9 MARCH 2006, AT 9.10 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal against the orders of a single judge of the Family Court of Australia (Coleman J) exercising the appellate jurisdiction of that Court.  By those orders, Coleman J dismissed an application made by the applicant on 10 June 2005 seeking an extension of time to enable her to appeal against orders made by Steele J on 22 December 1999, which related to parenting and finances as between the applicant and her husband.  The relevant orders had been varied by a judgment of O’Ryan J on 19 May 2005, and Coleman J concluded that the application should be dismissed because many of the complaints with respect to the judgment of Steele J were subsumed by the later judgment of O’Ryan J, thus an extension of time would serve no useful purpose.

Because the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

The applicant’s draft notice of appeal does not raise any questions of law sufficient to warrant a grant of special leave to appeal.  The principles governing an extension of time in which to seek leave to appeal are well settled.  The applicant has not identified any error of principle in Coleman J’s approach to the question of an extension of time, nor has she demonstrated any miscarriage of justice in this case.  In any event, we see no reason to doubt the correctness of the decision of Coleman J.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.11 AM THE MATTER WAS CONCLUDED