Redmond v Redmond

[2014] HCASL 200

REDMOND
v
REDMOND

[2014] HCASL 200
B33/2014; B34/2014

1. The applicant and the respondent are engaged in parenting proceedings, which commenced in 2011.  On 15 May 2014, Forrest J, in the Family Court of Australia, made interim orders in the proceedings and, on 11 June 2014, his Honour refused an application to stay those orders.

2. On 5 August 2014, the Full Court of the Family Court (Ryan, Murphy and Kent JJ) dismissed appeals against the interim orders and the refusal to stay those orders.  In relation to the appeal against the interim parenting orders, the Full Court determined that there was no substance to the applicant's contention that Forrest J failed to consider medical evidence, nor any merit in the applicant's contention that he lacked the capacity to comply with his Honour's orders.  The applicant's argument that his withdrawal of consent to previous orders rendered those orders ineffective was plainly wrong, and the remaining grounds asserted were without merit.  The appeal was dismissed.  In relation to the stay appeal, the Full Court noted that the outcome of this appeal largely depended on the success of the appeal against the interim orders.  Given that appeal was unsuccessful, the appeal in respect of the stay was rendered moot and was therefore dismissed.     

3. The applicant seeks special leave to appeal against the decision of the Full Court. As the applicant does not have legal representation, the applications fall to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

4. No question of principle falls for determination in either of these applications, and appeals to this Court would enjoy no prospects of success.  The applications are to be dismissed.

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

V.M. Bell
10 December 2014 S.J. Gageler