Marcin v Marcin

CaseChat Overview and Summary

In the case of Marcin v Marcin, the applicant sought special leave to appeal against a decision made by the Full Court of the Family Court of Australia. The primary focus of the dispute was the division of assets between the parties following their divorce. The High Court of Australia was tasked with determining whether the application for special leave to appeal should be granted.

The legal issues before the court involved the assessment of whether the case raised any matters of principle suitable for determination by the High Court and whether granting special leave to appeal would be in the interests of justice. The court had to consider the delays in the proceedings, the remitted hearing, and the substantial size of the asset pool as part of its decision-making process.

The court concluded that the application did not present any issue of principle suitable for determination by the High Court. Furthermore, the extensive delays, the remitted hearing, and the significant size of the asset pool led the court to determine that granting special leave to appeal would not be in the interests of justice. Consequently, the application for special leave to appeal was dismissed, and it was directed that the Registrar should prepare, sign, and seal the order dismissing the application. This decision was made on August 12, 2021, by Keane and Edelman.

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CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

P.A. Keane	J.J. Edelman
12 August 2021