Seggio v Durante

[2012] HCASL 109

SEGGIO

v

DURANTE & ORS

[2012] HCASL 109
M25/2012

1. The applicant's mother died in 2001.  Probate of her will was granted to State Trustees Limited on 23 September 2009.  The deceased's only property was real property valued in about August 2009 at $250,000.  Her estate was to be distributed equally between her three children.

2. The respondent and the applicant were married in 1990 but separated in January 2010.  On 8 February 2010 the respondent began proceedings in the Federal Magistrates Court seeking sole use of the former matrimonial home and various property and maintenance orders against the applicant.  On 22 February 2010 the applicant gave State Trustees Limited a document disclaiming his interest in his mother's estate.

3. The applicant seeks special leave to appeal against orders of a single judge of the Family Court of Australia (Strickland J) dismissing an appeal against an order of the Federal Magistrates Court.  The Federal Magistrate (Hartnett FM) had ordered (among other things) that the applicant withdraw his disclaimer of interest in the estate of his mother. 

4. We are not persuaded that an appeal against the order made by the Federal Magistrate directing the applicant to withdraw the disclaimer of any interest in his mother's estate would enjoy sufficient prospects of success to warrant a grant of special leave to appeal against the orders of Strickland J to this Court. 

5. Pursuant to r 41.10.5 of the High Court Rules 2004 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
15 August 2012 S.M. Crennan