Pachis & Turnbull (No 2)

The matter before the court was an appeal by Ms Pachis against the dismissal of her review application for the decision of the judicial registrar to adjourn the substantive proceeding for a compliance and readiness hearing. The appeal was summarily dismissed by Justice Austin on 21 February 2024. The primary issue for the court was whether the dismissal order was appealable and if the proposed grounds of appeal had merit. The court found that the dismissal order was not appealable as it was a procedural case management order that did not determine any substantive rights. Additionally, the decision to refuse the mother’s application to expedite the hearing of the substantive application to an earlier date was not a decision from which an appeal competently lies. The court also found that the proposed grounds of appeal did not allege any recognisable legal, evidentiary, factual, or discretionary appealable error.

The court found that the appeal did not have a reasonable prospect of success, and the application for leave to appeal was devoid of merit. The court invited the mother to show cause why the appeal should not be summarily dismissed, but she was unable to do so. The court concluded that the appeal should be summarily dismissed, and the Notice of Appeal filed on 15 January 2024 was dismissed.