Markwell and Ranwick & Anor (No.2)

Case [2020] FamCAFC 232


FAMILY COURT OF AUSTRALIA

MARKWELL & RANWICK AND ANOR (NO.2) [2020] FamCAFC 232

FAMILY LAW – APPEAL – APPLICATION IN APPEAL – REINSTATEMENT – Appeal deemed abandoned – Proposed appeal concerns welfare of children - Failure to comply with timeframe for filing Draft Appeal Index – Application opposed by all other parties – Where some but not all proposed grounds of appeal doomed to fail – Where reinstatement of the appeal would not be unjust to the respondents – Application to reinstate granted.

FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – EXPEDITION – Applications to expedite two appeals – Efficient use of court resources – Application granted.

Family Law Act 1975 (Cth) s 94(2D)(j)

Family Law Rules 2004 (Cth) rr 12.10A, 22.13, 22.44

Gallo v Dawson (1990) 93 ALR 479; [1990] HCA 30
Jackamarra v Krakouer (1998) 195 CLR 516; [1998] HCA 27
Markwell & Solberg and Anor (No.2) [2020] FCCA 2462
Rand & Rand [2009] FamCAFC 88
APPLICANT: Ms Markwell
FIRST RESPONDENT: Mr Ranwick
SECOND RESPONDENT: Mr Solberg
INDEPENDENT CHILDREN’S LAWYER: Barker & Barker
FILE NUMBER: CAC 1533 of 2014
APPEAL NUMBERS: EAA 104 of 2020
EAA 125 of 2020
DATE DELIVERED: 18 September 2020
PLACE DELIVERED: Sydney
PLACE HEARD: Sydney
JUDGMENT OF: Ryan J
HEARING DATE: 9 September 2020
LOWER COURT JURISDICTION: Federal Circuit Court of Australia
LOWER COURT JUDGMENT DATE: 30 June 2020 &
3 September 2020
LOWER COURT MNC: [2020] FCCA 1751 &
[2020] FCCA 2462

REPRESENTATION

THE APPLICANT: In person
SOLICITOR FOR THE FIRST RESPONDENT: Evans Family Lawyers
COUNSEL FOR THE SECOND RESPONDENT: Ms Christie SC
SOLICITOR FOR THE SECOND RESPONDENT: Chamberlains Law Firm
SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Barker & Barker

Orders made 9 September 2020

  1. That appeal EA 104 of 2020 be reinstated.

  2. That appeals EA 104 of 2020 and EA 125 of 2020 be consolidated.

  3. That the appeals be listed for hearing in December 2020 or as otherwise notified by the Eastern Appeals Registry.

  4. That within fourteen (14) days the appellant file and serve an Amended Notice of Appeal in each of the appeals with properly articulated grounds of appeal.

  5. If the appellant fails to file the appeal transcript and the appeal book as directed by the Eastern Appeals Registrar, the appeal date may be vacated.

  6. That the costs of the applications will be costs in the appeal.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Markwell & Ranwick and Anor has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

THE APPELLATE JURISDICTION OF THE FAMILY COURT…

Continue reading Markwell and Ranwick & Anor (No.2)

Sign in free to access the full text

Details
AGLC
Markwell and Ranwick & Anor (No.2) [2020] FamCAFC 232
Case
[2020] FamCAFC 232
Decision Date

CaseChat Overview and Summary

The case of Markwell and Ranwick & Anor (No.2) involved an appeal in family law matters concerning the welfare of children. The original appeal was deemed abandoned due to the appellant's failure to comply with the required timeframes, including the filing of a Draft Appeal Index. The appellant subsequently applied for the reinstatement of the appeal and for an expedited hearing. The other parties opposed the application to reinstate the appeal.

The primary legal issues before the court were whether the appeal should be reinstated and, if so, whether it should be expedited. The court considered the grounds of appeal and whether some of them were bound to fail, as well as the potential impact on the respondents if the appeal were reinstated. The court also assessed the efficient use of court resources in deciding whether to expedite the appeals.

In granting the application to reinstate the appeal, the court noted that some, but not all, of the proposed grounds of appeal were likely to fail. However, the court found that the reinstatement of the appeal would not be unjust to the respondents, as the appeal primarily concerned the welfare of the children. The court also found that expediting the appeals would lead to an efficient use of court resources and granted the application to expedite the two appeals. The court ordered that the appeals be consolidated, listed for hearing in December 2020, and that the appellant file and serve an Amended Notice of Appeal within fourteen days with properly articulated grounds of appeal. The costs of the applications were to be costs in the appeal.

Orders

Orders of the court

Orders made 9 September 2020

1. That appeal EA 104 of 2020 be reinstated.

2. That appeals EA 104 of 2020 and EA 125 of 2020 be consolidated.

3. That the appeals be listed for hearing in December 2020 or as otherwise notified by the Eastern Appeals Registry.

4. That within fourteen (14) days the appellant file and serve an Amended Notice of Appeal in each of the appeals with properly articulated grounds of appeal.

5. If the appellant fails to file the appeal transcript and the appeal book as directed by the Eastern Appeals Registrar, the appeal date may be vacated.

6. That the costs of the applications will be costs in the appeal.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Markwell & Ranwick and Anor has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.