Valdez v Frazier

[2014] HCASL 243

VALDEZ

v

FRAZIER

[2014] HCASL 243
S248/2014

1. The applicant and respondent are the parents of a child born on 3 August 2011.  On 25 July 2013, the Federal Circuit Court of Australia (Walker J) made interim parenting orders in relation to the child.

2. The applicant subsequently instituted proceedings alleging that the respondent had contravened the interim orders on three occasions.  On 26 February 2014, the Federal Circuit Court (Walker J) dismissed the proceedings.  Walker J held that the applicant had not established a prima facie case that the respondent intentionally failed to comply with the orders.

3. The applicant applied, on 11 June 2014, for an extension of time to appeal from Walker J's decision of 26 February 2014.  On 18 August 2014, the Family Court of Australia (Ryan J) dismissed the application.  Ryan J did not accept that the applicant's proposed grounds of appeal had the potential to establish error by Walker J.  Her Honour was therefore not satisfied that a refusal to grant the applicant an extension of time would visit an injustice on him or the child.  Ryan J also dismissed an application by the applicant to admit further material.

4. The applicant now seeks special leave to appeal to this Court.  He has not advanced any questions of law that would justify a grant of special leave, nor are the interests of the administration of justice engaged.  There is no reason to doubt the correctness of Ryan J's decision.  Special leave is refused.

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

S.M. Kiefel
11 December 2014 P.A. Keane