Pancious v Searle

[2015] HCASL 83

PANCIOUS

v

SEARLE

[2015] HCASL 83
M14/2015

1. The applicant seeks special leave to appeal against the orders of a single judge of the Family Court of Australia (Strickland J) dismissing the applicant's application to reinstate his appeal to the Full Court of the Family Court.  The applicant's appeal to the Full Court was against the dismissal by Cronin J of an application to restrain the respondent's lawyers from further acting for her in property and parenting proceedings.  The applicant's appeal to the Full Court had been deemed to be abandoned because the applicant had not filed appeal books within the time fixed for doing so.

2. The applicant's appeal to the Full Court was deemed abandoned in July 2012.  The applicant did not apply for reinstatement of the appeal until March 2014.  No satisfactory explanation of this delay was given.

3. Strickland J concluded that the appeal lacked merit and was "plainly futile" and that, in all the circumstances, the interests of justice required that the application to reinstate the appeal be refused.

4. The applicant does not have legal representation and so his application falls to be determined pursuant to r 41.10 of the High Court Rules 2004.

5. There is no reason to doubt the correctness of the decision of Strickland J.  An appeal to this Court would enjoy no prospect of success.

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

K.M. Hayne
13 May 2015 G.A.A. Nettle