Thompson v Berg

[2014] HCASL 190

THOMPSON

v

BERG

[2014] HCASL 190
S117/2014

1. The applicant seeks special leave to appeal against orders of the Full Court of the Family Court of Australia (May, Ainslie-Wallace and Ryan JJ) dismissing the applicant's appeal against orders of the Federal Circuit Court of Australia (Judge Walker) in a property settlement proceeding under s 79 of the Family Law Act 1975 (Cth), and against a refusal to stay the operation of those orders.

2. On 26 September 2013, Judge Walker made orders for the sale of a property owned by the applicant and the respondent, and for the discharge of various debts. The central issue on the applicant's appeal against those orders was whether the primary judge had erroneously failed to apply aspects of Pt 1.2 of the Family Law Rules 2004 (Cth). The applicant also argued that the primary judge had failed to recognise that he had been the victim of family violence, that her Honour was biased, and that her Honour had failed to recognise that the respondent had harmed the parties' financial position.

3. On 2 May 2014, the Full Court unanimously dismissed the applicant's appeal.

4. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

5. There is no reason to doubt the correctness of the conclusions reached by the Full Court.  An appeal to this Court would enjoy no prospects of success.

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

K.M. Hayne
15 October 2014 S.M. Crennan