Luadaka v Luadaka

[2007] HCATrans 497

[2007] HCATrans 497

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B48 of 2006

B e t w e e n -

DIANE BERYL LUADAKA

Applicant

and

GARRY JOHN LUADAKA

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 5 SEPTEMBER 2007, AT 9.20 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal against the orders of the Full Court of the Family Court of Australia (Kay, Warnick and May JJ). By those orders, the Full Court dismissed the applicant's appeal against orders of Carmody J, a single judge of the Family Court, dismissing the applicant's application that a property order of 12 April 1994 be set aside pursuant to s 79A of the Family Law Act 1975 (Cth). Carmody J also dismissed the applicant's application that he disqualify himself for bias, his Honour having on 30 January 2004 dismissed a previous application made by the applicant.

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 written submissions raise no arguable ground for the grant of special leave. In the judgment delivered by Carmody J, his Honour clearly applied the correct principles, both with respect to the application under s 79A of the Family Law Act and with respect to the apprehension of bias.  We see no reason to doubt the correctness of the conclusions reached by his Honour or by the Full Court.

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 9.21 AM THE MATTER WAS CONCLUDED