FAMILY COURT OF AUSTRALIA
| SPENCER & SPENCER (NO. 4) | [2020] FamCAFC 254 |
| FAMILY LAW – APPEAL – APPLICATION FOR STAY – Where the Applicant’s appeal to the Full Court of the Family Court of Australia was dismissed – Where the Applicant was ordered to pay the Respondent’s costs of the unsuccessful appeal in a fixed amount of $9,22.94 – Where the Applicant has filed an application to extend time to apply for special leave to appeal to the High Court of Australia – Where the Applicant seeks a stay of the costs order pending her application in the High Court of Australia – Where the Respondent chose not to participate in this application – Application allowed. |
| Family Law Rules 2004 (Cth) r 22.37(b)(ii) |
| Jennings Construction Limited v Burgundy Royale Investments Pty Ltd (No 1) 1986 161 CLR 681; [1986] HCA 84 Re Marks and Federated Ironworkers’ Association; Ex parte Australian Building Construction Employees and Builders’ Labourers’ Federation (1981) 34 ALR 208 Spencer & Spencer (No 3) [2020] FamCAFC 145 |
| APPLICANT: | Ms Spencer |
| RESPONDENT: | Mr Spencer |
| FILE NUMBER: | PTW | 7180 | of | 2010 |
| APPEAL NUMBER: | WEA | 45 | of | 2018 |
| DATE DELIVERED: | 9 October 2020 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Perth |
| JUDGMENT OF: | Kent J |
| HEARING DATE: | In Chambers; Applicant’s submissions received 14 August 2020 |
| LOWER COURT JURISDICTION: | Family Court of Western Australia |
| LOWER COURT JUDGMENT DATE: | 13 December 2018 |
| LOWER COURT MNC: | [2018] FCWA 249 |
REPRESENTATION
| THE APPLICANT: | Self-represented |
| SOLICITOR FOR THE RESPONDENT: | Biddulph & Turley |
Orders
Pending the determination by the High Court of Australia of:
(a) the Applicant’s Application for an Extension of Time to Apply for Special Leave to Appeal; and
(b) the Applicant’s Application for Special Leave to Appeal to that Court from the orders made by the Full Court of this Court on 12 June 2020; and
(c) the appeal to the High Court of Australia, if special leave is granted; and
(d) the application for prerogative relief sought by the Applicant from the High Court of Australia in respect of the orders made by the Full Court of this Court on 12 June 2020;
enforcement of the order for costs made by the Full Court of this Court on 12 June 2020 be stayed.
The balance of the orders sought in the Application in an Appeal filed on 15 July 2020 be dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Spencer & Spencer (No. 4) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
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 r 17.02 Family Law Rules 2004 (Cth).
| THE APPELLATE JURISDICTION OF THE FAMILY COURT OF AUSTRALIA AT |
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- Case
- [2020] FamCAFC 254
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the applicant should be granted an extension of time to apply for special leave to appeal and whether special leave to appeal should be granted from the orders made by the Full Court on 12 June 2020. Additionally, the court considered whether the application for prerogative relief sought by the applicant from the High Court of Australia should be entertained in respect of the Full Court's orders.
In delivering the judgment, the court acknowledged the complexity and significance of the applications. It noted the applicant's efforts to appeal the Full Court's decisions and the importance of the timeline for such appeals. The court found that, given the pending applications to the High Court of Australia, it was appropriate to stay the enforcement of the order for costs made by the Full Court on 12 June 2020 until the High Court resolved the applicant's appeals. Consequently, the court dismissed the balance of the orders sought in the application in an appeal filed on 15 July 2020.
Orders
Orders of the court
1.
Pending the determination by the High Court of Australia of:
(a) the Applicant’s Application for an Extension of Time to Apply for Special Leave to Appeal; and
(b) the Applicant’s Application for Special Leave to Appeal to that Court from the orders made by the Full Court of this Court on 12 June 2020; and
(c) the appeal to the High Court of Australia, if special leave is granted; and
(d) the application for prerogative relief sought by the Applicant from the High Court of Australia in respect of the orders made by the Full Court of this Court on 12 June 2020;
enforcement of the order for costs made by the Full Court of this Court on 12 June 2020 be stayed.
2.
The balance of the orders sought in the Application in an Appeal filed on 15 July 2020 be dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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