JBF v RJK D9/2001 [2002] HCATrans 261 (31 May 2002)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No D9 of 2001

B e t w e e n -

JBF

Applicant

and

RJK

First Respondent

CHILD REPRESENTATIVE

Second Respondent

Application for special leave to appeal

McHUGH J

CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 31 MAY 2002, AT 3.36 PM

Copyright in the High Court of Australia

McHUGH J: In this matter, the Deputy Registrar has certified that she has been informed by the solicitors for the applicant and the first respondent that neither party wishes to supplement their written submissions with oral argument, and that there will be no appearance on their behalf at the hearing. She also certifies that she holds a letter from the second respondent, the Child Representative, adding that he will not take part in the application and will abide the order of the Court.

The Court is in a position to give judgment in the matter.

After examining the reasons of the Full Court of the Family Court and those of the primary judge, we are of opinion that the case does not raise any question of general principle or any arguable miscarriage of justice that would warrant the grant of special leave to appeal. In particular, we do not accept the principal claim of the applicant that the Full Court fell into error by failing to review the decision of the trial judge by reference to the evidence.

For reasons that appear to us to be persuasive, the Full Court accepted the findings of the primary judge which were contained in a lengthy and carefully considered judgment. The application is dismissed with costs.

Adjourn the Court until 2.15 pm on Tuesday next.

AT 3.38 PM THE MATTER WAS CONCLUDED