Rogers

[2013] HCASL 99

FARMER

v

ROGERS
[2013] HCASL 99
B1/2013
B2/2013

1. By two applications, the applicant seeks special leave to appeal against orders of the Full Court of the Family Court of Australia (May, Ainslie‑Wallace and Murphy JJ) dismissing two appeals against decisions of the Federal Magistrates Court (Jarrett FM).

2. The applicant and the respondent are parents of a child born in 2008.  They reside separately in Queensland and are unable to agree upon the parenting arrangements that should be put in place for their child.

3. On 29 November 2011, the Federal Magistrates Court made orders that, inter alia, the applicant and the respondent have equal shared parental responsibility for their child.  The Federal Magistrate rejected the applicant's proposal to relocate and live with her child in Adelaide.  The Federal Magistrate considered that the best interests of the child would be met if both of the child's parents continued to reside in Queensland.

4. On 17 April 2012, the Federal Magistrates Court made orders varying the days, but not the length of time, that the respondent could spend with his child.

5. On 7 December 2012, the Full Court unanimously dismissed two appeals brought by the applicant against the orders of the Federal Magistrate made on 29 November 2011 and 17 April 2012.  The Full Court found that none of the applicant's grounds of appeal had been made out and that no errors were demonstrated in the Federal Magistrate's decisions.

6. 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.

7. There is no reason to doubt the correctness of the decision of the Full Court.  An appeal to this Court would enjoy insufficient prospects of success to warrant a grant of special leave to appeal.

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

K.M. Hayne
26 June 2013 S.M. Crennan