Noveski v Child Support Registrar & Anor

[2008] HCATrans 60

[2008] HCATrans 060

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S140 of 2007

B e t w e e n -

BRANISLAV NOVESKI

Applicant

and

CHILD SUPPORT REGISTRAR

First Respondent

MICA NOVESKA

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 7 FEBRUARY 2008, AT 9.10 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal against the orders of a single judge of the Family Court of Australia (Coleman J).  By those orders, Coleman J ordered that the applicant's application for leave to appeal to the Family Court of Australia against certain orders of the Federal Magistrates Court be dismissed unless the applicant complied with certain conditions.  The applicant failed to comply with those conditions.  The Federal Magistrates Court (Donald FM) had dismissed part of the applicant's application challenging the registration of a maintenance liability under the Child Support (Assessment) Act 1988 (Cth).

The application to this Court is brought well out of time and the applicant seeks an order under r 41.02.2 of the High Court Rules 2004 dispensing with the requirements to comply with the time limit in r 41.02.1.

An appeal to this Court would enjoy no prospect of success.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.  I publish that disposition.

AT 9.11 AM THE MATTER WAS CONCLUDED