Marin & Salmon

In the case of Marin & Salmon, the appellant sought relief from the Family Court of Australia regarding the preparation of appeal books and an extension of time due to her financial and health difficulties. The appeal stemmed from orders made by the Family Court, which appointed a litigation guardian for the appellant in both property and parenting proceedings. The appellant, supported by the Independent Children’s Lawyer, argued that she was financially unable to prepare the appeal books herself. Given the severity of the orders and her dire financial circumstances, the appellant contended that requiring her to prepare the appeal books would impose exceptional hardship. The court was required to determine whether the Regional Appeals Registrar should prepare the appeal books and if the appellant should be granted an extension of time until she obtained medical clearance or Legal Aid funding.

The court considered the appellant's financial situation, which was evidenced by her Disability Support Pension, Pension Supplement, and Rent Assistance, totaling approximately $840 per fortnight, with deductions for child support and other expenses. The appellant's medical condition, chronic back pain requiring ongoing therapy and specialist follow-up, further supported her exceptional hardship claim. The court noted that the appeal had some merit, and the appellant appeared to understand the issues and arguments involved. Regarding the application for an extension of time, the court found insufficient evidence to support an adjournment or postponement of the appeal proceedings. Consequently, the application for an extension of time was dismissed.

The court allowed the appellant's application for the Regional Appeals Registrar to prepare the appeal books due to the exceptional hardship caused by the appellant's severe financial and health circumstances. The court ordered the Registrar to prepare and file the appeal books, with the appellant potentially responsible for paying the costs. The court also set a deadline for the appellant to file additional disputed documents, the Summary of Argument, and the List of Authorities. The appellant was further granted leave to file an affidavit with further medical evidence regarding her ability to comply with the court's orders. The application for an extension of time was dismissed.