Hendy v Children's Representative & Anor B7/2002 [2003] HCATrans 750 (13 May 2003)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Brisbane No B7 of 2002

B e t w e e n -

MICHAEL FRANK HENDY

Applicant

and

CHILDREN'S REPRESENTATIVE

First Respondent

TERESA MARIA WEBB

Second Respondent

Application for special leave to appeal

GLEESON CJ

McHUGH J

HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 13 MAY 2003, AT 2.40 PM

Copyright in the High Court of Australia

GLEESON CJ: In this matter there is a certificate from the Deputy Registrar to the effect that the applicant and the first respondent have informed her that they do not wish to supplement their written summaries of argument with oral argument and do not intend to appear at the hearing on 13 May 2003. The second respondent has filed an appearance but has filed no written summary of argument. She has been informed that the application has been listed on 13 May 2003 for hearing without oral argument from the parties.

We have also been notified that the applicant has indicated that he objects to the respondent's amended summary of argument but we are of the view that it adds nothing material to what was in the previous summary of argument bearing in mind that we were perfectly well aware of the decision of this Court in Luton v Lessels [2002] HCA 13; (2002) 187 ALR 529, two members of the present Bench having been parties to that decision.

The Court is of the view that the submissions for the applicant do not raise an issue suitable to a grant of special leave to appeal or show grounds for doubting the correctness of the decision of the Full Court of the Family Court of 5 July 2001 and we are not persuaded that the interests of justice require a grant of special leave to appeal. The application is dismissed.

We will adjourn until 10.15 am on Tuesday, 27 May in Canberra.

AT 2.43 PM THE MATTER WAS CONCLUDED