FAMILY COURT OF AUSTRALIA
| RILAK & TSOCAS (NO. 2) | [2017] FamCAFC 126 |
| FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – Extension of time – Twelve months after orders sought to be appealed were made – No explanation for lengthy delay in first appeal – Inadequate explanation for lengthy delay in second appeal – No merit in the appeals – Substantial injustice to respondent – Applications dismissed. |
| Family Law Act 1975 (Cth) s 117(2A) Family Law Rules 2004 (Cth) |
| D & D (Costs) (No. 2) (2010) FLC 93-435 Gallo v Dawson (1990) 93 ALR 479 |
Rilak & Tsocas(No 8) [2015] FamCA 1235
Rilak & Tsocas [2016] FamCA 546
Rilak & Tsocas(No 2) [2016] FamCA 590
| APPLICANT: | Ms Rilak |
| RESPONDENT: | Mr Tsocas |
| FILE NUMBER: | SYC | 2062 | of | 2010 |
| FIRST APPEAL NUMBER: | EA | 68 | of | 2017 |
| SECOND APPEAL NUMBER: | EA | 69 | of | 2017 |
| DATE DELIVERED: | 12 July 2017 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Ainslie-Wallace J |
| HEARING DATE: | 11 July 2017 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATES: | 7 July 2016 22 July 2016 |
| LOWER COURT MNC: | [2016] FamCA 546 [2016] FamCA 590 |
REPRESENTATION
| THE APPLICANT: | In person |
| THE RESPONDENT: | In person |
Orders
The application for an extension of time in appeal EA 68 of 2017 from the orders made by Stevenson J on 7 July 2016 is dismissed.
The application for an extension of time in appeal EA 69 of 2017 from the orders made by Rees J on 22 July 2016 is dismissed.
The applicant pay the respondent’s costs of and incidental to the applications, such costs to be agreed or assessed and to be paid twenty-eight (28) days after any such assessment or agreement.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Rilak & Tsocas (No. 2) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
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 r 17.02 Family Law Rules 2004 (Cth).
| IN THE APPELLATE JURISDICTION OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY |
Appeal Numbers: EA 68 of 2017; EA 69 of 2017
File Number: SYC 2062 of 2010
| Ms Rilak |
Applicant
and
| Mr Tsocas |
Respondent
REASONS FOR JUDGMENT
Ms Rilak (“the applicant”) has filed two applications seeking an extension of time in which to bring appeals from orders made by Stevenson J on 7 July 2016 and orders made by Rees J on 22 July 2016.
On 7 July 2016 Stevenson J dismissed an Application in a Case filed by the applicant on 4 July 2016 in which she sought a review of a Registrar’s decision to reject for filing an application seeking interim…
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- AGLC
- Rilak & Tsocas (No 2) [2017] FamCAFC 126
- Case
- [2017] FamCAFC 126
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the applicants had provided sufficient grounds to justify an extension of time for lodging their appeals, and whether any delay had caused substantial injustice. The applicants had to demonstrate that the delay was not attributable to any neglect or default on their part and that it was reasonable to grant an extension under the circumstances.
The court found that the applicants had not provided adequate justification for the delay in lodging their appeals. It was determined that the delay was due to the applicants' own mismanagement rather than any external factors. The court also noted that the delay had caused inconvenience and potential prejudice to the respondents. Consequently, the applications for extensions of time were dismissed, and the applicants were ordered to pay the respondents' costs associated with the applications. The form of the orders was subject to being recorded in the Court’s official documents.
Orders
Orders of the court
1.
The application for an extension of time in appeal EA 68 of 2017 from the orders made by Stevenson J on 7 July 2016 is dismissed.
2.
The application for an extension of time in appeal EA 69 of 2017 from the orders made by Rees J on 22 July 2016 is dismissed.
3.
The applicant pay the respondent’s costs of and incidental to the applications, such costs to be agreed or assessed and to be paid twenty-eight (28) days after any such assessment or agreement.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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