Kingston v Field

KINGSTON
v
FIELD
[2021] HCASL 2
S185/2020

The applicant seeks special leave to appeal from a decision of the Full Court of the Family Court of Australia (Strickland, Watts and Austin JJ) dismissing an appeal from a decision of the Family Court of Australia (Foster J) making property settlement orders under Pt VIII of the Family Law Act 1975 (Cth).
An appeal to this Court has insufficient prospects of success to warrant the grant of special leave. The application is otherwise not an appropriate vehicle to consider the applicant's proposed grounds of appeal concerning the application of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW).
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.

M.M. Gordon S.H.P. Steward

4 February 2021

CaseChat Overview and Summary

The applicant, Mr Kingston, sought special leave to appeal a decision made by the Full Court of the Family Court of Australia, which had dismissed an earlier appeal from a decision by a single judge of the Family Court of Australia. The original decision involved making property settlement orders under Part VIII of the Family Law Act 1975 (Cth). The appeal to the High Court was made to challenge the reasoning and outcome of the lower courts in relation to the property settlement orders.

The legal issues that the High Court needed to consider included whether the appeal had sufficient prospects of success to warrant the grant of special leave, and whether the proposed grounds of appeal concerning the application of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) were appropriately considered via the special leave application. The Court had to determine if the special leave application was an appropriate vehicle for addressing these issues.

In dismissing the application, the Court found that the appeal did not have sufficient prospects of success to warrant the grant of special leave. Furthermore, the Court held that the proposed grounds of appeal concerning the application of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) were not appropriately considered via the special leave application. Consequently, the application was dismissed.

Under rule 41.08.1 of the High Court Rules 2004 (Cth), the Registrar was directed to draw up, sign and seal an order dismissing the application. The decision was made by Justices Gordon and Steward on 4 February 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established