Reynolds & Featherstone

[2021] FamCAFC 105

FAMILY COURT OF AUSTRALIA

Reynolds & Featherstone [2021] FamCAFC 105

Appeal from:

Featherstone & Reynolds [2019] FCCA 3655

Appeal number(s):

SOA 30 of 2021

File number(s):

MLC 2003 of 2019

Judgment of:

STRICKLAND J

Date of judgment:

24 June 2021

Catchwords:

FAMILY LAW – APPEAL – Extension of time – Where the applicant seeks to extend the time in which to file Notice of Appeal – Where no satisfactory reason proffered for failure to file Notice of Appeal – Where no explanation of 14 month delay in filing application seeking an extension of time – Where grounds of appeal have no chance of success – Where prejudice to the respondent if the application were granted – Application dismissed.  

Legislation:

Family Law Act 1975 (Cth)

Family Law Rules 2004 (Cth)

Cases cited:

Gallo v Dawson (1990) 93 ALR 479

Division:

Appeal Division

Number of paragraphs:

15

Date of hearing:

24 June 2021

Place:

Adelaide (parties appeared via Microsoft Teams)

The Applicant:

Litigant in person

The Respondent:

Litigant in person

ORDERS

SOA 30 of 2021
MLC 2003 of 2019

APPEAL DIVISION OF THE FAMILY COURT OF AUSTRALIA

BETWEEN:

MR REYNOLDS

Applicant

AND:

MS FEATHERSTONE

Respondent

ORDER MADE BY:	STRICKLAND J
DATE OF ORDER:	24 JUNE 2021

THE COURT ORDERS THAT:

1.The Application in an Appeal filed on 18 May 2021 be dismissed.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Reynolds & Featherstone has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

STRICKLAND J

1. Before the Court today is an Application in an Appeal filed by the applicant on 18 May 2021.  In that Application, the applicant seeks three orders.  In relation to order 1, although it does not say so in so many words, I treat that as an Application to extend the time to file a Notice of Appeal against orders made by a judge of the Federal Circuit Court of Australia on 13 December 2019.  The orders sought in paragraphs 2 and 3 are not orders that can be sought in this Application.  They relate to the result of the orders made by the primary judge, and more particularly, the complaints that the applicant has about those orders.

2. In summary then, the Application before the Court is an Application seeking an extension of time to file a Notice of Appeal against the orders made on 13 December 2019.  Those orders were, firstly, a declaration that the applicant and the respondent were in a de facto relationship.  Secondly, an order granting leave to the applicant, who is the respondent…