Saturday, 23 May 2009

Family Court; adjournment allowed in appeal when FM's reasons delayed

In the recent Full Court of the Family Court case of Hollier and Harne, the mother sought extra time to appeal from an interim decision of a Federal Magistrate, where it had been 8 months from the orders having been made, but the reasons for judgment had only just been provided by the Federal Magistrate.

Warnick J adjourning the matter so that the mother could have extra time to consider the reasons for judgment, held:


The right to appeal is a significant right. In this case currently the
mother has lost it because she has allowed the time within which to appeal as of
right to pass, but she has done so in circumstances where the Court system has
been substantially responsible in that it is established that the written
reasons for the orders have only just become available in the last few days. In
my view the just approach is to adjourn the matter to allow Ms Hollier to at
least read the reasons and put on further material if she wishes.

1 comment:

Anonymous said...

I think right of appeal could be until the matter is resolved to the plaintiff's satisfaction and not restricted by timeframes that we are not told about.