Mr Redmond v Ms Redmond & Anor Mr Redmond v Ms Redmond

[2014] HCASL 22

MR REDMOND

v

MS REDMOND & ANOR

MR REDMOND

v

MS REDMOND & ANOR

[2014] HCASL 22
B59/2013
B60/2013

1. The applicant and the first respondent are involved in ongoing property and parenting proceedings in the Federal Magistrates Court of Australia (now the Federal Circuit Court of Australia).  As part of these proceedings, the applicant filed an application seeking a declaration that a solicitor was guilty of contempt for failing to comply with a subpoena in relation to the production of documents.

2. On 10 July 2012, Howard FM dismissed that application with costs and restrained the applicant from bringing further applications in the proceedings without leave first being granted ("the 10 July orders").

3. The applicant filed an application seeking a stay of the 10 July orders pending appeal, the recusal of Howard FM and an order that the first respondent pay indemnity costs.  On 22 November 2012, Howard FM dismissed that application with costs ("the 22 November orders").

4. The applicant sought leave to appeal both of these decisions.  On 9 October 2013, the Full Court of the Family Court of Australia (May, Ainslie-Wallace and Kent JJ) granted the applicant leave and allowed the appeal against that part of the 10 July orders which restrained the applicant from bringing further applications.  The Full Court refused the applicant leave to appeal in relation to the remainder of the 10 July orders and the 22 November orders because the applicant had not established either an error of principle or a substantial injustice.

5. The applications for special leave to appeal to this Court do not raise any question of law that would justify a grant of special leave.  Neither application would enjoy sufficient prospects of success to warrant a grant of special leave.  Special leave is refused.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
6 March 2014 P.A. Keane