Tau and Casmore
[2014] FamCAFC 143
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 | of | 2012 |
| APPEAL NUMBER: | NA | 27 | of | 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
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