Webb v Simpson & Anor

WEBB
v
SIMPSON & ANOR
[2023] HCASL 177
S95/2023

The applicant seeks an extension of time for special leave to appeal from a decision of the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction (Tree, Christie and Schonell JJ) dismissing the applicant's appeal from a decision of the Federal Circuit and Family Court of Australia (Division 1) at first instance (Aldridge J) where final parenting orders were made in relation to a child of the applicant and first respondent.
There is no reason to doubt the correctness of the unanimous decision of the Federal Circuit and Family Court of Australia (Division 1) Appellate jurisdiction. Accordingly, any appeal to this Court would enjoy no prospects of success and it would be futile to grant the extension of time sought. Special leave should be refused.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.J. Gageler J.M. Jagot

9 November 2023

CaseChat Overview and Summary

The applicant in this case sought an extension of time for special leave to appeal against a decision of the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction. The decision in question was an appeal dismissal, which had originally been made at first instance by a single judge of the Federal Circuit and Family Court of Australia (Division 1). The appeal concerned final parenting orders that had been made in relation to a child of the applicant and the first respondent. The High Court was asked to grant an extension of time to allow the applicant to lodge an appeal against the appellate decision.

The legal issues before the court included whether the unanimous decision of the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction was correct and whether an appeal to the High Court would have any prospects of success. The court also had to consider whether it would be appropriate to grant the extension of time sought by the applicant.

The court found that there was no reason to doubt the correctness of the unanimous decision of the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction. The court was satisfied that any appeal to the High Court would enjoy no prospects of success and would be futile. Accordingly, the court decided to refuse the application for an extension of time and dismissed the application. The court ordered the Registrar to draw up, sign and seal an order dismissing the application.

Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), the court directed the Registrar to draw up, sign and seal an order dismissing the application. The decision was handed down on 9 November 2023 by S.J. Gageler and J.M. Jagot.

Continue reading Webb v Simpson & Anor

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established