SCVG & KLD & Anor

[2016] FamCAFC 50

FAMILY COURT OF AUSTRALIA

SCVG & KLD AND ANOR [2016] FamCAFC 50

FAMILY LAW – APPLICATION IN AN APPEAL – Application to further amend grounds of appeal – Rule 22.09 of the Family Law Rules 2004 (Cth) – Where the appeal books and summary of arguments have been filed – Where each respondent would suffer prejudice having to address new grounds of appeal – Where the appellant is self-represented – Where prejudice may be remedied by a costs order – Application allowed.

FAMILY LAW – APPLICATION IN AN APPEAL – Application to adjourn the substantive appeal hearing and “un-consolidate” the hearing of both appeals – Where there are two appeals and one is not a substantive appeal – Where the appeal books and summary of arguments have been filed – Where the appellant seeks the adjournment to obtain legal representation – Where the appellant wants the appeals heard separately because of medical issues and absence of legal representation – Where no evidence is provided of efforts to obtain legal representation and where the appellant has been able to manage many litigious matters over a number of years – Where the date for the appeals to be heard was agreed by the parties before the primary judge and where specific stay orders were made conditional upon that date – Where each respondent would suffer substantial prejudice – Where vacating dates would unnecessarily waste court resources – Applications refused.

FAMILY LAW – COSTS – Where the first respondent seeks the issue of costs to be reserved to the Full Court hearings – Where the second respondent seeks costs in circumstances of the appellant’s conduct and where two applications were wholly unsuccessful – Where the appellant resists any order for costs – Where there was no evidence before the court of the parties financial circumstances – Where it is appropriate to reserve the issue of costs to the Full Court.

Family Law Act 1975 (Cth)
Family Law Rules 2004 (Cth) r 22.09

Gallo v Dawson (1990) 93 ALR 479

APPLICANT: SCVG

FIRST RESPONDENT:	KLD
SECOND RESPONDENT:	Child Support Registrar

FILE NUMBER:	SYC	2044	of	2013
SYC	4380	of	2008

APPEAL NUMBER:	EA	75	of	2015
EA	156	of	2015

DATE DELIVERED: 8 April 2016

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: May J

HEARING DATE: 6 April 2016

LOWER COURT JURISDICTION:	Federal Circuit Court of Australia
Family Court of Australia

LOWER COURT JUDGMENT DATE:	30 April 2015
20 August 2015

LOWER COURT MNC:	[2015] FCCA 1073
[2015] FamCA 687

REPRESENTATION

FOR THE APPELLANT: Mr SCVG (in person)

COUNSEL FOR THE FIRST RESPONDENT:	Ms Tonkin (via telephone)
SOLICITOR FOR THE FIRST RESPONDENT:	McPhillamy’s Lawyers

COUNSEL FOR THE SECOND RESPONDENT:	Mr Kaplan
SOLICITOR FOR THE SECOND RESPONDENT:	Sparke Helmore Lawyers

Orders

1. The application of the appellant filed 14 December 2015 is allowed.

2. The appellant has leave to file and serve the Further Amended Notice of Appeal as attached to his affidavit filed 14 December 2015 in Appeal EA75 of 2015 on or before…