Tau and Casmore

FAMILY COURT OF AUSTRALIA

TAU & CASMORE

[2014] FamCAFC 143

FAMILY LAW – APPLICATION IN AN APPEAL – Application to extend the time to file a notice of appeal – Where the applicant failed to appear – Where the proposed appeal was unmeritorious – Application dismissed.

APPLICANT:

Mr Tau

RESPONDENT:

Ms Casmore

FILE NUMBER:

BRC

10128

2012

APPEAL NUMBER:

2014

DATE DELIVERED:

11 August 2014

PLACE DELIVERED:

Brisbane

PLACE HEARD:

Brisbane

JUDGMENT OF:

May J

HEARING DATE:

11 August 2014

LOWER COURT JURISDICTION:

Federal Circuit Court of Australia

LOWER COURT JUDGMENT DATE:

23 April 2014

LOWER COURT MNC:

[2014] FCCA 809

REPRESENTATION

COUNSEL FOR THE APPLICANT:

No appearance by or on behalf of the applicant

COUNSEL FOR THE RESPONDENT:

In person

Orders

The application in an appeal filed 27 May 2014 be dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Tau & Casmore has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

THE APPELLATE JURISDICTION OF THE FAMILY COURT OF AUSTRALIA AT BRISBANE

Appeal Number: NA 27 of 2014
File Number: BRC 10128 of 2012

Mr Tau

Appellant

And

Ms Casmore

Respondent

REASONS FOR JUDGMENT

DELIVERED EX TEMPORE

In an application in an appeal filed 27 May 2014, Mr Tau, the father, seeks an extension of time to file a notice of appeal against orders made by Judge Purdon-Sully on 23 April 2014. The father also seeks other orders regarding his time with the children, however such orders are not possible outcomes in this application.
Ms Casmore, the mother, has appeared this morning. She opposes an extension of time and she explained some recent difficulties.
It is now 10:20 am and Mr Tau has not appeared. Of some interest, Ms Casmore tells me that she has seen him in the central business district this morning. He has appeared in this court on many occasions. There can be no doubt that he now knows where the court is. The court officer has walked around the court, called his name on this level and the level below on several occasions.
In view of his failure to appear, and the rather tenuous likelihood of success of his application, particularly by reference to the merits of the possible appeal, the only order I can make is to dismiss his application filed 27 May 2014.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice May delivered ex tempore on 11 August 2014.

Associate:

Date: 11 August 2014

CaseChat Overview and Summary

This appeal was brought by Mr Tau, who sought an extension of time to file a notice of appeal against orders made by the Federal Circuit Court of Australia. Ms Casmore opposed the application and appeared before the Family Court of Australia. The father did not appear despite multiple attempts to contact him and despite being aware of the court's location. The court needed to decide whether to grant the father an extension of time to file his notice of appeal and to consider the merits of the appeal itself.

The court found that the father's application was unmeritorious and unlikely to succeed, particularly in light of his failure to appear at the hearing. The father's absence was a significant factor, as it demonstrated a lack of urgency and seriousness in pursuing the appeal. Additionally, the court considered the merits of the appeal and determined that it was not strong enough to warrant an extension of time. The court concluded that the father's application should be dismissed.

The Family Court of Australia dismissed the application filed by Mr Tau on 27 May 2014. The court noted that the father's failure to appear and the unmeritorious nature of the application were key reasons for the dismissal. The court did not grant any other orders requested by the father, as they were not appropriate in the context of this application. The dismissal of the application means that the father's appeal against the orders made by the Federal Circuit Court of Australia will not proceed.

The court's final order was that the application in an appeal filed on 27 May 2014 be dismissed. The court did not grant any other relief requested by the father. This decision effectively ends the father's attempt to appeal the earlier orders made by the Federal Circuit Court of Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established