Zao & Lee

Zao & Lee involved an appeal against a decision by Rees J dismissing the wife's application for summary dismissal. The wife's application was based on the husband's failure to provide adequate disclosure. The wife argued that the primary judge erred by not admitting exhibits to affidavits into evidence, but the contents of the exhibits were already before the court and considered by the primary judge. The Family Law Rules 2004 (Cth) were applied to assess the wife's claims.

The court found that the primary judge did not commit a substantial error in the admission of evidence. The wife's application for leave to appeal was dismissed because leave was not sought in the Notice of Appeal, though the court granted leave to amend the notice to include the application for leave to appeal. Despite the amendment, the appeal was dismissed. Regarding the costs, the husband did not comply with the Registrar’s directions for filing a costs schedule, and there was no explanation for his failure. The court ruled that no extension of time would be granted and made no order as to costs.

The court's final orders were to dismiss the application for leave to appeal the orders made by Rees J and to make no order as to costs. These orders are subject to formal entry in the Court's records.