Fierro v A Fierro & Ors

FIERRO
v
A FIERRO & ORS
[2023] HCASL 52
S7/2023

The applicant requires an extension of time in which to seek special leave to appeal from a judgment of the Full Court of the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction (Rees J; Austin and Kari JJ agreeing). The Full Court refused an application made in the course of the appeal seeking to adduce fresh evidence, and dismissed the applicant's appeal against a decision of the Federal Circuit and Family Court of Australia (Division 1) (Berman J) striking out an application for parenting and related orders in respect of the applicant's half-sister.
The application does not raise any question of law of public importance. Further, there is no reason to doubt the correctness of the Full Court's decision. Accordingly, it would be futile to grant the extension of time required and special leave to appeal 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.

J.J. Edelman J.S. Gleeson

13 April 2023

CaseChat Overview and Summary

The applicant in this matter sought an extension of time in order to apply for special leave to appeal a decision of the Full Court of the Federal Circuit and Family Court of Australia. The Full Court had dismissed the applicant's appeal against a decision of the Federal Circuit and Family Court of Australia striking out an application for parenting and related orders in respect of the applicant's half-sister. The applicant had previously sought to adduce fresh evidence in the course of the appeal, but this application was refused. The application before the court was for an extension of time to seek special leave to appeal from the Full Court's decision.

The court was required to decide whether to grant the extension of time sought by the applicant. The applicant contended that there was a reasonable explanation for the delay in lodging the application, and that there was a prospect of success on the merits of the appeal. The court considered the relevant criteria for granting an extension of time and whether there was a public interest in allowing the appeal. The court also considered whether the application raised any question of law of public importance.

The court found that there was no reason to doubt the correctness of the Full Court's decision, and that the application did not raise any question of law of public importance. The court also found that there was no reasonable explanation for the delay in lodging the application, and that it would be futile to grant the extension of time required. The court held that special leave to appeal should be refused, and pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth), directed the Registrar to draw up, sign and seal an order dismissing the application.

The court dismissed the application for an extension of time to seek special leave to appeal, and directed the Registrar to draw up, sign and seal an order to that effect. The court found that there was no reasonable explanation for the delay in lodging the application, and that it would be futile to grant the extension of time required. The court also found that there was no question of law of public importance and no reason to doubt the correctness of the Full Court's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established