Pierson v Romilly

[2020] HCASL 197

PIERSON

v
ROMILLY

[2020] HCASL 197
S119/2020

1. The applicant seeks special leave to appeal from a judgment of the Full Court of the Family Court of Australia (Strickland, Kent and Watts JJ) dismissing an appeal from orders of Stevenson J permanently staying the applicant's application for property settlement orders under s 79 of the Family Law Act 1975 (Cth) for having been brought in a clearly inappropriate forum. The applicant contends that the primary judge and the Full Court erred in finding that there was an extant proceeding in France and erred in treating the French proceeding as one involving an application for property settlement.

2. The question of whether there was an extant French proceeding involving an application for property settlement was a question of foreign law, and thus of fact, which the primary judge and the Full Court resolved on the basis of expert evidence. It raises no question of principle that it would be in the interests of justice for this Court to consider. The applicant requires an extension of time, but it would be futile to grant the extension which is sought.

3. 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.

G.A.A. Nettle	M.M. Gordon
8 October 2020