Monfort v Bade

MONFORT
v
BADE
[2022] HCASL 112
B11/2022

A substantial extension of time is required for this application for special leave to appeal to proceed. The application does not identify any reason to doubt the correctness of the decision of the Full Court of the Family Court of Australia. The application does not raise any question of principle suitable for the grant of special leave to appeal and a grant of special leave would not be in the interests of the administration of justice. It would therefore be futile to grant an extension of time. The application should be dismissed.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

P.A. Keane J.J. Edelman

16 June 2022

CaseChat Overview and Summary

Monfort v Bade is a case that came before the High Court of Australia, which was asked to determine whether special leave to appeal should be granted. The applicant, Monfort, sought an extension of time for the application for special leave to appeal against a decision made by the Full Court of the Family Court of Australia. The underlying dispute concerns family law matters, although the specifics of the family law issues are not detailed in the High Court's decision.

The primary legal issue before the court was whether the application for an extension of time should be granted. The court had to consider whether there were any grounds to doubt the correctness of the Full Court's decision and whether the application raised any question of principle that was suitable for the High Court to address. Additionally, the court had to determine whether granting the extension would be in the interests of the administration of justice.

In its decision, the court found that the application did not present any reason to doubt the correctness of the Full Court's decision. It was also determined that the application did not raise any question of principle suitable for the grant of special leave to appeal. Consequently, the court concluded that granting an extension of time would be futile and not in the interests of the administration of justice. Therefore, the application was dismissed, and the Registrar was directed to draw up, sign, and seal an order to that effect.

The court's decision was made on 16 June 2022, and the application for special leave to appeal was dismissed. The reasoning and outcome reflect the court's cautious approach to granting extensions of time in cases where there is no evident reason to doubt the correctness of the lower court's decision or to raise a question of principle that merits higher court review.

CaseChat Overview and Summary

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