MTI v SUL

[2007] WASCA 56

MTI -v- SUL [2007] WASCA 56

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2007] WASCA 56
Court:	THE COURT OF APPEAL (WA)
Case No:	CACV:161/2006	Heard:	23 FEBRUARY 2007
Coram:	BUSS JA	Delivered:	22/02/07
No of pages:	3	Judgment Part:	1 of 1
Result:	Application for leave to issue subpoenas adjourned Orders given
Category:	B
PDF Version

Parties:	MTI SUL
Catchwords:	Practice and procedure Appeal Filing of appellant's case Application for leave to issue subpoenas Turns on own facts
Legislation:	Nil
Case References:	Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : MTI -v- SUL [2007] WASCA 56 CORAM : BUSS JA HEARD : 23 FEBRUARY 2007 DELIVERED : 23 FEBRUARY 2007 FILE NO/S : CACV 161 of 2006 BETWEEN : MTI

Appellant

AND

SUL
Respondent

ON APPEAL FROM:

Jurisdiction : FAMILY COURT OF WESTERN AUSTRALIA

Coram : MARTIN J

Citation : MTI and SUL [2006] FCWA 141

File No : PT 1025 of 2004

Catchwords:

Practice and procedure - Appeal - Filing of appellant's case - Application for leave to issue subpoenas - Turns on own facts

(Page 2)

Legislation:

Nil

Result:

Application for leave to issue subpoenas adjourned

Orders given

Category: B

Representation:

Counsel:

Appellant : In person
Respondent : Ms M M Wadsworth

Solicitors:

Appellant : In person
Respondent : Kott Gunning

Case(s) referred to in judgment(s):

Nil

(Page 3)

1 BUSS JA: The appellant is the father and the respondent is the mother of the child the subject of this appeal. The appellant, the respondent and the child live in Western Australia, and the child resides with the respondent.

2 On 14 February 2006, a Magistrate discharged orders, relating to the appellant's contact with the child, which had been made in the Court of Petty Sessions on 8 December 2004. The Magistrate made new orders, including orders relating to the appellant's contact with the child.

3 On 30 May 2006, a Magistrate made further orders, and varied the orders made on 14 February 2006, relating to the appellant's contact with the child.

4 On 20 December 2006, Martin J, in the Family Court of Western Australia, discharged all previous parenting orders and made new orders. Her Honour ordered, amongst other things, that the child reside with the respondent, and have contact with the appellant at designated times. Martin J published her reasons for decision on 28 December 2006: MTI and SUL [2006] FCWA 141.

5 On 20 December 2006, the appellant filed a notice of appeal in this Court, appealing against all the orders made by Martin J on that date.

6 On 27 December 2006, the Court of Appeal Registrar wrote to the appellant, informing him, amongst other things, that the appellant's case should be filed by 19 February 2007.

7 On 16 January 2007, the appellant filed an application for leave to issue subpoenas. He has sworn an affidavit dated 18 January 2007 in support of this application.

8 On 16 February 2007, the Court of Appeal Office received a letter from the appellant stating, in substance, that he was having difficulty retaining a lawyer to assist him with his case, and that he required a 4-week extension of time to file the appellant's case.

9 I have decided, on balance, that the appellant should be granted an extension of time until 19 March 2007. I should emphasise, however, that this Court expects that deadline to be met.

10 The application for leave to issue subpoenas should not be heard and determined until after the appellant's case and the respondent's case have been filed and served.