Scott & Munayallan

[2021] FamCAFC 133

FAMILY COURT OF AUSTRALIA

Scott & Munayallan [2021] FamCAFC 133

Appeal from:	Munayallan & Scott [2020] FamCA 1141
Appeal numbers:	EAA 66 of 2021 EAA 67 of 2021
File number:	SYC 59 of 2010
Judgment of:	ALDRIDGE J
Date of judgment:	23 July 2021
Catchwords:	FAMILY LAW – APPEAL – APPLICATIONS IN AN APPEAL – Extension of time to file Notice of Appeal – Where the delay is not satisfactorily explained – Where there is no merit in the proposed grounds of appeal to justify an extension of time in light of the lengthy delay – Application for an extension of time dismissed – Applicant to pay the respondent’s costs of the applications in a fixed sum.
Legislation:	Family Law Rules 2004 (Cth) Sch 3
Cases cited:	Gallo v Dawson (1990) 93 ALR 479; [1990] HCA 30
Division:	Appeal Division
Number of paragraphs:	32
Date of hearing:	23 July 2021
Place:	Sydney (via video link)
The Applicant:	Self-represented litigant
Counsel for the Respondent:	Mr Duc (direct brief)

ORDERS

SYC 59 of 2010
EAA 66 of 2021
EAA 67 of 2021

APPEAL DIVISION OF THE FAMILY COURT OF AUSTRALIA

BETWEEN:

MR SCOTT

Applicant

AND:

MS MUNAYALLAN

Respondent

ORDER MADE BY:	ALDRIDGE J
DATE OF ORDER:	23 JULY 2021

THE COURT ORDERS THAT:

1.The Application in an Appeal filed on 16 June 2021 in Appeal No. EAA 66 of 2021 is dismissed.

2.The Application in an Appeal filed on 16 June 2021 in Appeal No. EAA 67 of 2021 is dismissed.

3.The applicant is to pay the respondent the costs of the applications fixed in the sum of $1,022.67.

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 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Scott & Munayallan has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

ALDRIDGE J:

INTROUDCTION

1. This is the hearing of two applications to extend time to appeal against orders made by a judge of the Family Court of Australia on 9 and 10 July 2020. The orders concern the parties’ two children, born in 2007 and 2010. That is over a year ago.

   APPEAL NO. EAA 66 OF 2021

2. Pursuant to orders made by Berman J on 15 August 2019 the children live with the mother (“the respondent”) and spend significant and substantial time with the father (“the applicant”). That time included significant time over the school holidays.

3. The orders made on 9 and 10 July 2020 had the effect of returning the children to the respondent and suspending the time that they were to spend with the applicant. At the time of…