S v D

[2015] HCASL 66

S

v

D

[2015] HCASL 66
P2/2015

1. On 4 December 2012, Magistrate Duncanson made orders for the division of property following the breakdown of the applicant's de facto relationship with the respondent.  Her Honour ordered that the respondent receive 60 per cent and the applicant receive 40 per cent of the assets.

2. An appeal to the Court of Appeal of the Supreme Court of Western Australia (Buss, Newnes and Murphy JJA) was dismissed.

3. The applicant applies for special leave to appeal. The applicant does not have legal representation and his application falls to be determined under r 41.10 of the High Court Rules 2004 (Cth).

4. The applicant requires a short enlargement of time in which to file the application[1].  He has filed an affidavit providing a satisfactory explanation for the delay.  However, for the reasons to be given, there is no utility in making an order dispensing with compliance with the Rules in this respect. 

   [1]High Court Rules 2004 (Cth), r 41.02.1.

5. The proposed grounds attack the concurrent factual findings below.  No question of law suitable for the grant of special leave is identified nor does the application engage the interests of the administration of justice.  

6. The application is dismissed.

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

V.M. Bell
6 May 2015 S.J. Gageler