FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Saso & Saso (No 3) [2024] FedCFamC1A 113
Appeal from: Saso & Saso (No 3) [2024] FedCFamC2F 145 Appeal number: NAA 53 of 2024 File number: BRC 881 of 2021 Judgment of: TREE J Date of judgment: 12 July 2024 Catchwords: FAMILY LAW – APPEAL – Property – Summary dismissal – Where the appellant failed to comply with procedural orders – Where only days before the appeal hearing the appellant filed an Application in an Appeal seeking an extension of time to file her Summary of Argument – Where the practical consequence of any extension would be the adjournment of the appeal hearing and result in a clear prejudice to the respondent – Where the appellant’s grounds of appeal are a repetition of arguments she advanced in a previous appeal, or are misconceived – Where no viable challenge to the primary judge’s orders can be discerned – Application in an Appeal dismissed – Appeal summarily dismissed – Costs ordered in a fixed sum. Legislation: Family Law Act 1975 (Cth) ss 79, 102NA, 102NB
Federal Circuit and Family Court of AustraliaAct 2021 (Cth) ss 67, 68
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 13.45, 15.06
Cases cited: Bethke & Bethke (2019) FLC 93-906; [2019] FamCAFC 106
De Winter v De Winter (1979) 23 ALR 211
Gallo v Dawson (1990) 93 ALR 479; [1990] HCA 30
House v The King (1936) 55 CLR 499; [1936] HCA 40
Kennon & Kennon (1997) FLC 92-757; [1997] FamCA 27
Saso & Saso (No 2) [2023] FedCFamC1A 179
Saso & Saso (No 2) [2023] FedCFamC2F 1196
Saso & Saso [2023] FedCFamC1A 65
Number of paragraphs: 61 Date of hearing: 25 June 2024 Place: Cairns (via video link) The Appellant: Litigant in person Counsel for the Respondent: Ms Dart Solicitor for the Respondent: C & C Law ORDERS
NAA 53 of 2024
BRC 881 of 2021FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MS SASO
Appellant
AND: MR SASO
Respondent
ORDER MADE BY:
TREE J
DATE OF ORDER:
25 JUNE 2024
ON 25 JUNE 2024 THE COURT ORDERED THAT:
1.The Application in an Appeal filed 21 June 2024 is dismissed.
2.The Amended Notice of Appeal filed 2 April 2024 is dismissed.
3.The appellant is to pay the respondent’s costs in the sum of $5,300 within 28 days.
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 (No 3) has been…
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- AGLC
- Saso & Saso (No 3) [2024] FedCFamC1A 113
- Case
- [2024] FedCFamC1A 113
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the appellant had complied with procedural requirements, the merits of the arguments presented, and the potential impact of any extension of time on the proceedings. Specifically, the court had to determine if Ms Saso’s failure to adhere to procedural orders and the belated application for an extension of time warranted dismissal of the appeal. Additionally, the court needed to assess the viability of the grounds of appeal, which were largely a repetition of arguments from a previous appeal or appeared misconceived.
Tree J dismissed the appellant's application for an extension of time, finding that it would result in an adjournment of the appeal hearing and cause clear prejudice to the respondent. The court concluded that the appellant’s grounds of appeal were either a repetition of previous arguments or misconceived, and no viable challenge to the primary judge’s orders could be discerned. Consequently, the appeal was summarily dismissed, and costs were ordered in a fixed sum of $5,300, payable within 28 days.
The court's decision underscores the importance of compliance with procedural orders and the necessity for appellants to present viable grounds of appeal. The dismissal of both the application for an extension of time and the appeal highlights the court's firm stance on procedural fairness and the efficient use of judicial resources.
Orders
Orders of the court
NAA 53 of 2024
BRC 881 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION
BETWEEN:
MS SASO
Appellant
AND:
MR SASO
Respondent
ORDER MADE BY:
TREE J
DATE OF ORDER:
25 JUNE 2024
ON 25 JUNE 2024 THE COURT ORDERED THAT:
1. The Application in an Appeal filed 21 June 2024 is dismissed.
2. The Amended Notice of Appeal filed 2 April 2024 is dismissed.
3. The appellant is to pay the respondent’s costs in the sum of $5,300 within 28 days.
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
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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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