Shahidi v Beiranvand

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SHAHIDI

v

BEIRANVAND

[2019] HCASL 218
S146/2019

  1. The applicant seeks special leave to appeal from a decision of the Family Court of Australia (Aldridge J) dismissing the applicant's application for an extension of time in which to file a Notice of Appeal against a decision of the Federal Circuit Court of Australia (Judge Harman) relevantly striking out any application with respect to parenting as not properly before the Court, and declaring pursuant to s 78 of the Family Law Act 1975 (Cth) in substance that each party as against the other is the sole and absolute owner at law and in equity of all property in his or her possession, custody or control.

  2. There is no reason to doubt the correctness of the decision of the Federal Circuit Court or the decision of the Family Court.  An appeal to this Court would enjoy no prospect of success.

  3. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

G.A.A Nettle M.M Gordon
7 August 2019
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Details
Case
[2019] HCASL 218
Decision Date

CaseChat Overview and Summary

In Shahidi v Beiranvand, the applicant sought special leave to appeal a decision of the Family Court of Australia, which had dismissed their application for an extension of time to file a Notice of Appeal against a decision of the Federal Circuit Court of Australia. The Federal Circuit Court had struck out the applicant's application regarding parenting and declared that each party was the sole and absolute owner of their property. The applicant's appeal to the Family Court was dismissed, leading them to seek special leave to appeal to the High Court.

The primary legal issue before the High Court was whether the applicant had a prospect of success in appealing the Family Court's decision to dismiss their application for an extension of time. The Court had to consider the correctness of both the Federal Circuit Court's and the Family Court's decisions and assess whether the applicant's appeal would have any chance of being successful.

The High Court found no reason to doubt the correctness of the decisions made by the Federal Circuit Court or the Family Court. Consequently, the Court concluded that the applicant's appeal would enjoy no prospect of success. Therefore, the High Court dismissed the application for special leave to appeal and directed the Registrar to draw up, sign, and seal an order to this effect. The decision was made under rule 41.08.1 of the High Court Rules 2004 (Cth).

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