Rimac and Rimac

[2019] FamCAFC 11

FAMILY COURT OF AUSTRALIA

RIMAC & RIMAC [2019] FamCAFC 11

FAMILY LAW – APPLICATION IN AN APPEAL – Extension of time – Application for extension of time to appeal against an order dismissing an interim financial application seeking an account for rent – Where leave to appeal is necessary if an extension is granted – Explanation for the delay – Merits of the proposed appeal – Where the issues raised in the applicant’s financial application are more appropriate to be heard at a final hearing rather than an interim hearing – Application dismissed.

Family Law Act 1975 (Cth) ss 78, 79
Protected Estates Act 1983 (NSW)

Bahonko v Sterjov (2008) 166 FCR 415; [2008] FCAFC 30
Forgeard v Shanahan (1994) 35 NSWLR 206;
Gallo v Dawson (1990) 93 ALR 479; [1990] HCA 30
Medlow & Medlow (2016) FLC 93-692; [2016] FamCAFC 34
Rimac & Rimac [2018] FamCA 951
Ryan v Dries [2002] NSWCA 3

APPLICANT: Mr Rimac

RESPONDENT: Ms Rimac

FILE NUMBER: SYC 1540 of 2014

APPEAL NUMBER: EA 150 of 2018

DATE DELIVERED: 30 January 2019

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Aldridge J

HEARING DATE: 17 December 2018

LOWER COURT JURISDICTION: Family Court of Australia

LOWER COURT JUDGMENT DATE: 8 October 2018

LOWER COURT MNC: [2018] FamCA 951

REPRESENTATION

APPLICANT: In person (with the assistance of his carer and an interpreter)

COUNSEL FOR THE RESPONDENT: Mr Taylor

SOLICITOR FOR THE RESPONDENT: Hughes & Taylor

Orders

1. The Application in an Appeal filed on 19 November 2018 is dismissed.

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 Rimac & Rimac 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).

THE APPELLATE JURISDICTION OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY

Appeal Number: EA 150 of 2018
File Number: SYC 1540 of 2014

Mr Rimac

Applicant

And

Ms Rimac

Respondent

REASONS FOR JUDGMENT

Introduction

1. By an Application in an Appeal filed on 19 November 2018, Mr Rimac (“the applicant”) seeks an extension of time in which to appeal against orders of a judge of the Family Court of Australia made on 8 October 2018.

2. The applicant and Ms Rimac (“the respondent”) have been involved in property proceedings in the Family Court since 2015.

3. On 13 July 2018 the applicant filed an Application in a Case seeking the following orders:

   1.That within 7 days of the date of these Orders the parties do all things and sign all documents necessary to jointly execute a New Exclusive Management Agency Agreement with [Suburb F] Real Estate in respect of…