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Newett v Newett

Newett v Newett

Case [2022] HCASL 135

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Newett
v
Newett
[2022] HCASL 135
B27/2022

The applicant requires an extension of time within which to file an application for special leave to appeal from a decision of the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction (Aldridge, Hogan and Harper JJ) to dismiss an appeal from a decision of the Family Court of Australia (Baumann J).
There is no reason to doubt the correctness of the decision of the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction. An appeal to this Court would enjoy no prospects of success. It would therefore be futile to grant the extension of time sought and the application for special leave to appeal should be refused.
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.

M.M. Gordon S.H.P. Steward

8 September 2022

Details

AGLC: Newett v Newett [2022] HCASL 135
Case: [2022] HCASL 135
Decision Date

CaseChat Overview and Summary

The applicant sought an extension of time to file an application for special leave to appeal a decision of the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction. The decision in question dismissed an appeal from a decision of the Family Court of Australia. The application was heard in the Supreme Court of South Australia.

The primary legal issue before the court was whether the extension of time sought was justified. The court considered the prospects of success of the appeal, the correctness of the decision, and whether granting the extension would be futile. It was necessary to determine whether the appeal would enjoy any prospects of success.

The court found that there was no reason to doubt the correctness of the decision of the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction. It concluded that an appeal to the Supreme Court of South Australia would enjoy no prospects of success and would therefore be futile. As a result, the application for special leave to appeal should be refused. The court made an order pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), directing the Registrar to draw up, sign and seal an order dismissing the application.

Orders