Markes & Markes

The case of Markes & Markes involved a dispute over the extension of time for filing a Notice of Appeal from a decision made by the Federal Circuit Court of Australia. The mother, the applicant, filed an appeal on 11 September 2018, seeking an extension of time to appeal from the declaration and orders made by Judge Kelly on 1 March 2018. The primary legal issue was whether the court should grant the extension of time for the mother to lodge her appeal, and if so, until what date. The court had to consider the principles of extending time in such cases, including the relevance of any exceptional circumstances.

The court considered the application for an extension of time in light of the statutory and common law provisions that govern such applications. The court noted that while it is generally within the court's discretion to extend time, it must be exercised judiciously, particularly in cases involving family law. The court examined the circumstances of the case, including the reasons for the delay in lodging the appeal, and whether there were any exceptional circumstances that warranted an extension of time. Ultimately, the court found that the delay was not unreasonable and that there were sufficient grounds to justify the extension of time. The court emphasised the importance of resolving family law disputes in a timely manner, while also acknowledging that exceptional circumstances can sometimes arise.

The Federal Circuit Court of Australia granted the extension of time for the mother to file her Notice of Appeal, setting the new deadline as 23 November 2018. The court found that the delay in lodging the appeal was not unreasonable, and that there were exceptional circumstances that warranted the extension of time. The court did not make any order as to the costs of the appeal, noting that this matter was subject to the entry of the order in the Court's records. This decision highlights the importance of considering exceptional circumstances in applications for extensions of time in family law cases.