Spencer v Spencer

[2014] HCASL 214

SPENCER

v

SPENCER

[2014] HCASL 214
P32/2014

1. The parties were parties to proceedings in the Family Court of Western Australia relating to the welfare of their child.  Those proceedings resulted in the making of orders on 28 August 2013 which, among other things, gave the respondent sole parental responsibility over the child.  On 22 April 2014, the applicant applied for an enlargement of time in which to file a notice of appeal from those orders.  A single judge sitting in the appellate jurisdiction of the Family Court of Australia (Thackray J) dismissed the application.  Having regard to the applicant's proposed grounds of appeal, Thackray J was not persuaded that there was any merit in the proposed appeal.  Thackray J was also not satisfied that the reasons proffered by the applicant as explanation for her delay were sufficient to warrant an exercise of discretion to enlarge time.   

2. The applicant seeks special leave to appeal against the orders of the Family Court of Australia. The applicant does not have legal representation and requires an enlargement of time for the filing of her application for special leave to appeal to this Court. Her application falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

3. We would grant the applicant an enlargement of time but would refuse special leave to appeal.  The decision of the Family Court of Australia involves an exercise of discretion on a matter of practice and procedure, and was determined in accordance with well-settled principles. 

4. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
10 December 2014 S.J. Gageler