FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Saso & Saso (No 2) [2023] FedCFamC1A 179
Appeal from: Saso & Saso (No 2) [2023] FedCFamC2F 1196 Appeal number: NAA 278 of 2023 File number: BRC 881 of 2021 Judgment of: AUSTIN J Date of judgment: 19 October 2023 Catchwords: FAMILY LAW – APPEAL – LEAVE TO APPEAL – Where the applicant wife seeks leave to appeal from procedural orders made by the primary judge in anticipation of the final hearing between the spouses – Where no appeal lies from a decision about the grant or refusal of an adjournment – Where the wife’s complaint that the primary judge denied her procedural fairness by not allowing her leave to rely upon the affidavits of three witnesses at trial is rejected – Where the procedural direction requiring the wife to file written submissions within a given period is not an appealable judgment – Where the appeal has no reasonable prospects of success – Where the trial has been heard –Appeal summarily dismissed – No order as to costs. Legislation: Family Law Act 1975 (Cth) Pt VIII, s 102NA and s 117
Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 26, 46, 192
Cases cited: Commonwealth v Mullane (1961) 106 CLR 166; [1961] HCA 28
Medlow & Medlow (2016) FLC 93-692; [2016] FamCAFC 34
SZBEL v Minister for Immigration and Multicultural Affairs (2006) 228 CLR 152; [2006] HCA 63
Number of paragraphs: 37 Date of hearing: 19 October 2023 Place: Newcastle (via Microsoft Teams) The Applicant: Litigant in person Counsel for the Respondent: Ms Dart Solicitor for the Respondent: C & C Law ORDERS
NAA 278 of 2023
BRC 881 of 2021FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MS SASO
Applicant
AND: MR SASO
Respondent
ORDER MADE BY:
AUSTIN J
DATE OF ORDER:
19 OCTOBER 2023
THE COURT ORDERS THAT:
1.The Amended Notice of Appeal filed on 19 October 2023 is dismissed.
2.The respondent’s application for costs is dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
IT IS NOTED that publication of this judgment by this Court under the pseudonym Saso & Saso has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
EX TEMPORE
REASONS FOR JUDGMENTAUSTIN J:
Subject to the grant of leave to bring it, this appeal by the wife lies from some selected procedural orders made by a judge of the Federal Circuit and Family Court of Australia (Division 2) on 14…
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- AGLC
- Saso & Saso (No 2) [2023] FedCFamC1A 179
- Case
- [2023] FedCFamC1A 179
- Decision Date
CaseChat Overview and Summary
ORDERS:
1. The Amended Notice of Appeal filed on 19 October 2023 is dismissed.
2. The respondent’s application for costs is dismissed.
Orders
Orders of the court
NAA 278 of 2023
BRC 881 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION
BETWEEN:
MS SASO
Applicant
AND:
MR SASO
Respondent
ORDER MADE BY:
AUSTIN J
DATE OF ORDER:
19 OCTOBER 2023
THE COURT ORDERS THAT:
1. The Amended Notice of Appeal filed on 19 October 2023 is dismissed.
2. The respondent’s application for costs is dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Background
Background to the litigation
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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