Mr Cosio v Ms Cosio

MR COSIO
v
MS COSIO
[2025] HCADisp 3
S129/2024

The applicant seeks special leave to appeal from part of the judgment of the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction (Schonell J) dismissing an appeal from the Federal Circuit and Family Court of Australia (Division 2) (Judge Kemp) in relation to financial orders made pursuant to s 79 of the Family Law Act 1975 (Cth).
The application does not provide any reason to doubt the correctness of the decision of the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction and the decision is not otherwise attended with sufficient doubt to warrant a grant of special leave to appeal.
Special leave to appeal is refused.
Edelman J
Jagot J
6 February 2025

CaseChat Overview and Summary

In the matter of Mr Cosio v Ms Cosio, the applicant sought special leave to appeal a decision of the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction, which had dismissed an appeal from a decision made by the Federal Circuit and Family Court of Australia (Division 2). The original appeal pertained to financial orders issued under section 79 of the Family Law Act 1975 (Cth). The appeal for special leave was heard by Edelman, Jago, and Gordon JJ of the High Court of Australia. The core issue before the High Court was whether the decision of the lower appellate court was so flawed or uncertain that it warranted special leave to appeal.

The High Court examined the grounds upon which the applicant sought special leave and found no compelling reasons to question the correctness of the decision rendered by the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction. The reasoning of the appellate court was considered sound, and there was no indication that the decision was attended by sufficient doubt to merit further appeal. The High Court concluded that the application did not present a case of sufficient importance or uncertainty to warrant special leave to appeal, thus upholding the original decision of the lower appellate court.

Consequently, the High Court refused the application for special leave to appeal. The decision underscored the importance of the lower courts' determinations in family law matters and reinforced the principle that special leave to appeal should only be granted in cases of significant legal importance or doubt. The High Court's decision was rendered on 6 February 2025 by Edelman, Jago, and Gordon JJ. No further orders were made beyond the refusal of special leave to appeal.

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