Valdez v Frazier

[2014] HCASL 236

VALDEZ

v

FRAZIER

[2014] HCASL 236
S132/2014

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. On 15 November 2013, the applicant filed an application for an extension of time to appeal from the interim orders of Walker J.  On 6 February 2014, the Family Court of Australia (Ryan J) dismissed the application.  Ryan J noted that the last day for filing an appeal was 22 August 2013.  Her Honour held that the applicant had failed to establish an adequate explanation for the delay, and accepted that granting an extension of time would add to the parties' costs and almost certainly delay a final hearing.  In her Honour's view, there was no utility in the proposed appeal.

3. The applicant now seeks an extension of time to file an application for special leave to appeal to this Court.  Ryan J's decision involved the exercise of discretion in circumstances where the applicant sought to appeal from interim orders pending a final hearing.  The applicant has not identified any error in the exercise of that discretion.  An appeal to this Court would enjoy no prospects of success.  Special leave should be refused.  An extension of time would therefore be futile.

4. 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