Redmond & Mullins

Case [2015] FamCAFC 69


FAMILY COURT OF AUSTRALIA

REDMOND & MULLINS [2015] FamCAFC 69
FAMILY LAW – APPEAL – Leave to appeal – De facto relationship – Where the appellant is an undischarged bankrupt – Where the appellant seeks leave to appeal an order for summary dismissal – Whether the appellant has standing to bring the appeal – Where the trustee is not a party to proceedings – Where the appellant has multiple ongoing proceedings in other jurisdictions – Whether the primary judge correctly determined that the Court had no jurisdiction to make a de facto property order – Whether the primary judge erred in determining that the appellant made no “substantial contributions” as required by s 90SB of the Family Law Act 1975 (Cth) – Whether the primary judge erred in determining that no substantial injustice would result in the absence of an order – Whether the primary judge incorrectly considered the Trustee in Bankruptcy – Where the appellant alleges a denial of procedural fairness.
Whether leave to appeal is necessary – (per May & Ainslie-Wallace JJ) leave may be necessary, in any event no substance in proposed appeal – (per Murphy J) leave is not necessary – Appeal should be dismissed.

Family Law Act 1975 (Cth) s 90SM(4) (a) (b) (c) (15) (16), s 90SB (c)(i), s 94AA
Bankruptcy Act 1966 (Cth) s 116(2)(b), s 116(2)(ba)

Bankruptcy Regulations 1996 (Cth) reg 6.03, 6.03A
Family Law Regulations 1984 (Cth) reg 15A

Australian Securities and Investments Commission v Lindberg (No 2) (2010) 265 ALR 517
Bain Pacific Associations and Ors & Kelly and Ors [2006] FLC 93-270
Bennett and Bennett (1991) FLC 92-191
Bienstein v Bienstein (2003) 195 ALR 225
Carr v Finance Corporation of Australia (No 1) (1980) 147 CLR 246
Cummings v Claremont Petroleum NL (1995) 185 CLR 124
Edwards v Noble (1971) 125 CLR 296
Friar & Friar [2011] FamCAFC 71
Guirguis v Guirguis (1997) FLC 92-726
Korsky v Bright and Anor (2008) 38 FamLR 106
Lee & Hutton [2013] FamCA 745
Mallet v Mallet (1984) 156 CLR 605
North Sydney Council v Ligon 302 Pty Ltd (1995) 87 LGERA 435
O’Neill and O’Neill [1998] FLC 92-811
Port of Melbourne Authority v Anshun Pty Ltd (1980) 147 CLR 35
Re Luck [2003] HCA 70
Ricci & Jones [2011] FamCAFC 222
Salter Rex and Co. v Ghosh (1971) 2 QB 597
Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 24
Tampion v Anderson (1973) 3 ALR 414
V and K [2005] FCWA 80
Wickstead v Browne (1992) 30 NSWLR 1
Yates Property Corporation Pty Limited (in Liq) v Darling Harbour Authority (1991) 24 NSWLR 156
APPELLANT: Mr Redmond
RESPONDENT: Ms Mullins
FILE NUMBER: BRC 705 of 2014
APPEAL NUMBER: NA   49 of 2014
DATE DELIVERED: 1 May 2015
PLACE DELIVERED: Brisbane
PLACE HEARD: Brisbane
JUDGMENT OF:

May, Ainslie-Wallace & Murphy JJ

HEARING DATE: 16 February 2015
LOWER COURT JURISDICTION: Federal Circuit Court of Australia
LOWER COURT JUDGMENT DATE: 11 September 2014
LOWER COURT MNC: [2014] FCCA 2099

REPRESENTATION

THE APPELLANT: In…

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AGLC
Redmond & Mullins [2015] FamCAFC 69
Case
[2015] FamCAFC 69
Decision Date

CaseChat Overview and Summary

The case of Redmond & Mullins involved an application for leave to appeal against orders made by Judge Purdon-Sully on 11 September 2014. The nature of the original decision and the reasons for the appeal were not specified in the text. The application was heard by a higher court, whose decision was to determine whether the applicant should be granted leave to appeal the earlier orders. The court was tasked with assessing the merits of the appeal and deciding if it warranted further judicial review.

The legal issues before the court encompassed the criteria for granting leave to appeal, including whether there were grounds for considering that the original decision contained a substantial miscarriage of justice, or if the matter raised an important question of law. The court also needed to consider whether the appeal had a reasonable prospect of success and if it was in the interests of justice to allow the appeal to proceed. The applicant bore the onus of proving that the appeal met the necessary standards for leave to be granted.

In dismissing the application for leave to appeal, the court found that the applicant had not demonstrated sufficient grounds to warrant an appeal. The court considered that the original decision did not contain a substantial miscarriage of justice and that the appeal did not raise significant legal questions. Furthermore, the court held that the appeal lacked a reasonable prospect of success and that it was not in the interests of justice to permit the appeal to proceed. Consequently, the application for leave to appeal was dismissed, and no order was made regarding costs.

Orders

Orders of the court

1.

The application for leave to appeal the orders of Judge Purdon-Sully made on 11 September 2014 be dismissed.

2.

There be no order as to costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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