MFH v Children's Representative & Anor

[2003] HCATrans 789

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B39 of 2002

B e t w e e n -

MFH

Applicant

and

CHILDREN’S REPRESENTATIVE

First Respondent

TMW

Second Respondent

Application for special leave to appeal

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON WEDNESDAY, 25 JUNE 2003, AT 2.27 PM

Copyright in the High Court of Australia

GUMMOW J:   This is an application for special leave to appeal from a decision of the Full Court of the Family Court of Australia.  The Full Court dismissed an application to adduce further evidence and dismissed an appeal from the decision of a judge of that court in proceedings between the parents concerning the residence and contact arrangements for the two children of their relationship.

At trial and on appeal the children were separately represented by counsel.  The parents did not have legal representation, either at trial or on appeal.  In this Court all parties rely on their written submissions.  These have been considered by the Court.  The submissions for the children’s representative were prepared by its solicitor.  The other parties do not have legal representation.

The Full Court dealt comprehensively with the various grounds of appeal.  There are no reasons advanced for doubting the decision reached by the Full Court.

The extension of time required by Order 69A of the High Court Rules should be granted but special leave should be refused.  The applicant should pay the costs of the children’s representative.

AT 2.29 PM THE MATTER WAS CONCLUDED