Zao & Lee

[2019] FamCAFC 169

FAMILY COURT OF AUSTRALIA

ZAO & LEE [2019] FamCAFC 169

FAMILY LAW – APPEAL – PRACTICE AND PROCEDURE – Summary dismissal – Where the primary judge dismissed the appellant wife’s application for summary dismissal – Where the appellant wife sought summary dismissal on the basis that the respondent husband failed to provide adequate disclosure – Where the appellant wife submits that the primary judge erred by failing to admit exhibits to affidavits into evidence – Where the contents of the exhibits to the affidavits were before the Court and were taken into account by the primary judge – Application of r 11.02 and r 13.14 of the Family Law Rules 2004 (Cth) – Where no substantial injustice flows from any error of the primary judge – Where leave to appeal was required but was not sought in the Notice of Appeal – Where leave was granted to amend the Notice of Appeal to include an application for leave to appeal – Where the application for leave to appeal is dismissed.

FAMILY LAW – APPEAL – COSTS – Where the respondent husband did not comply with the Registrar’s direction for a costs schedule to be filed and served no later than seven days prior to the first day of the sittings in which the appeal is listed – Where the respondent husband did not comply with the Registrar’s direction for a schedule of costs to be sought at the scale prescribed by the Family Law Rules 2004 (Cth) – Where there was no explanation for the failure to comply – Where the Court will not extend time for the costs schedule to be filed in accordance with the Registrar’s directions – No order as to costs.

Family Law Act 1975 (Cth) ss 79, 94AA
Family Law Rules 2004 (Cth) rr 10.12, 11.02, 13.14, 15.08, 22.53
Family Law Regulations 1984 (Cth) reg 15A

Adam P Brown Male Fashions Pty Ltd v Phillip Morris Inc (1981) 148 CLR 170; [1981] HCA 39
Black and Kellner (1992) FLC 92-287; [1992] FamCA 2
Ebner & Pappas (2015) FLC 93-643
Lindon v The Commonwealth (No 2) (1996) 136 ALR 251; [1996] HCA 14
Re Luck (2003) 203 ALR 1; [2003] HCA 70
Re the Will of F B Gilbert (1946) 46 SR (NSW) 318; 63 WN (NSW) 176
Weir & Weir (1993) FLC 92-338; [1992] FamCA 69

APPELLANT: Ms Zao

RESPONDENT: Mr Lee

FILE NUMBER: SYC 8556 of 2015

APPEAL NUMBER: EA 30 of 2019

DATE DELIVERED: 4 October 2019

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Strickland, Aldridge & Watts JJ

HEARING DATE: 24 September 2019

LOWER COURT JURISDICTION: Family Court of Australia

LOWER COURT JUDGMENT DATE: 27 February 2019

LOWER COURT MNC: [2019] FamCA 99

REPRESENTATION

SOLICITOR FOR THE APPELLANT: Legal & Company Solicitors

COUNSEL FOR THE RESPONDENT: Ms Cohen

SOLICITOR FOR THE RESPONDENT: Ren Zhou Lawyers

Orders

1. Application for leave to appeal the orders made by Rees J on 27 February 2019 be dismissed.

2. There be no order…