S v S

[2007] HCATrans 280

[2007] HCATrans 280

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M101 of 2006

B e t w e e n -

S

Applicant

and

S

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 14 JUNE 2007, AT 9.19 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant and the respondent, his former wife, were involved in litigation in the Family Court of Australia.  A decree nisi for the dissolution of the marriage became absolute on 12 June 2004.

On 15 September 2005, Young J made certain orders regarding residence, contact, parenting and child-related matters.  Although the applicant did appear for a portion of the hearing before Young J, he did so in order to state that he did not consent to the jurisdiction of the court.  He subsequently withdrew from any participation in the proceedings.

On 7 July 2006, the Full Court of the Family Court dismissed an appeal brought by the applicant.  The applicant's notice of appeal appeared to challenge the orders made by Young J and the manner in which his Honour conducted the hearing in the applicant's absence.  The Full Court correctly dismissed the appeal as no error had been shown.  In particular, the trial judge was entitled to proceed in the absence of the applicant when he refused to participate in the proceedings.

The application for special leave to this Court does not advance any question of law that would justify the intervention of this Court. There are no prospects of success on any appeal to this Court. The applicant has filed what purports to be a notice under s 78B of the Judiciary Act 1903 (Cth). This is expressed in incoherent terms and raises no Constitutional issue. Special leave is refused.

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

I publish the disposition signed by Justice Heydon and myself.

AT 9.21 AM THE MATTER WAS CONCLUDED