Sheridan & Delany

[2025] FedCFamC1A 1

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1) APPELLATE JURISDICTION

Sheridan & Delany [2025] FedCFamC1A 1  

Appeal from:		Delany & Sheridan [2024] FCWAM 146
Appeal number:		NAA 251 of 2024
File number:	PTW 1778 of 2022
Judgment of:	SCHONELL J
Date of judgment:	9 January 2025
Catchwords:	FAMILY LAW – APPEAL – Application in an Appeal – Extension of time – Where the respondent seeks an extension of time to file her Summary of Argument and List of Authorities – Where it is not in the interests of justice to grant an extension – Application dismissed.
Legislation:	Family Law Act 1975 (Cth) s 95
Number of paragraphs:	11
Date of hearing:	Determined in chambers on the papers
Place:	Sydney
The Appellant:	Self-represented litigant
The Respondent:	Self-represented litigant

ORDERS

NAA 251 of 2024
PTW 1778 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MR SHERIDAN

Appellant

AND:

MS DELANY

Respondent

ORDER MADE BY:	SCHONELL J
DATE OF ORDER:	9 JANUARY 2025

THE COURT ORDERS THAT:

1.The Application in an Appeal filed 7 January 2025 is dismissed.

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).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Sheridan & Delany has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

SCHONELL J:

1. By Application in an Appeal filed 7 January 2025, the respondent to the Notice of Appeal seeks an extension of time in which to file her Summary of Argument and List of Authorities. The respondent advised the Court that she is content to have her application dealt with in her absence.

2. For the reasons set out below, the relief sought by the respondent is refused and her application in an appeal will be dismissed.

   BACKGROUND

3. On 16 August 2024, a magistrate of the Magistrate’s Court of Western Australia heard the respondent’s application for alteration of property interests and spousal maintenance. In the course of delivering his reasons for judgment, the magistrate observed that the appellant had repeatedly failed to comply with orders and participate in the proceedings, and that the matter would proceed on an undefended basis on 16 August 2024. The judgment and transcript reveal that each of the appellant and respondent were self-represented, appeared before the magistrate, and addressed the Court.

4. The magistrate delivered judgment on 3 September 2024.

5. On 30 September 2024, the appellant filed a Notice of Appeal. On 11 November 2024 an Appeal Registrar held a procedural hearing and made directions for the conduct of the appeal including that the appellant file and serve a Summary of Argument and List of Authorities by 4.00 pm on Monday, 9 December 2024 and for the respondent to file and serve a Summary of Argument and List of Authorities by 4.00 pm on Friday, 10 January 2025.

6. The appeal is listed to commence for hearing in Perth on 27 February 2025.

7. The appellant complied ahead of the time provided for in the directions, filing a Summary of Argument comprising some five pages on 6 December 2024 accompanied by a List of Authorities.

8. On 7 January 2025, the appellant filed an Application in an Appeal and affidavit seeking an extension of time in which to file a Summary of Argument and List of Authorities. The affidavit in support of the application records the following:

   1.NAA251/2024 I am applying for an extension of time to complete, file and serve my Summary of Argument and List of Authorities. I have contacted several lawyers and given the Christmas and New Years break most are closed until 13 January 2025 and/or at capactiy and unable to help at this time

   2.I am asking for extra time to lodge this to allow time to find a Lawyer to assist with this

   DISPOSITION

9. The litigation between these parties first commenced on 4 March 2022. Proceedings have been before the Magistrate’s Court of Western Australia for in excess of two years. This court is obliged to dispose of the appeal as quickly, inexpensively and as efficiently as possible consistent with the provisions of s 95 of the Family Law Act 1975 (Cth).

10. To grant the relief sought by the respondent, the Court must be satisfied that an extension will serve the interests of justice insofar as it relates to both parties, including a timely conclusion of the appellant’s appeal. A review of the respondent’s affidavit provides the Court with no assurance or comfort as to when it would be that the respondent would be in a position to file a Summary of Argument and List of Authorities. To that extent, what the respondent seeks is an open-ended extension with no assurance that, even if a short extension were granted, she would be able to comply.

11. The respondent bears the onus of satisfying the Court that the indulgence she seeks has some utility. She has failed to do so. Consequently, her application will be dismissed.

I certify that the preceding eleven (11) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Schonell.

Associate:

Dated:       9 January 2025