Fitzpatrick v Fitzpatrick [2006] HCATrans 109 (9 March 2006)

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Fitzpatrick v Fitzpatrick [2006] HCATrans 109 (9 March 2006)

Last Updated: 30 March 2006

[2006] HCATrans 109

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S346 of 2005

B e t w e e n -

RAYMOND ARTHUR FITZPATRICK

Applicant

and

MARGARET MARY FITZPATRICK

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 9 MARCH 2006, AT 9.06 AM

Copyright in the High Court of Australia

HAYNE J: The applicant seeks special leave to appeal against the orders made by the Full Court of the Family Court of Australia on 16 December 2004. By those orders, Holden, Warnick and Boland JJ dismissed the applicant’s appeal against orders of Bryant CFM dismissing an application for rescission of a decree nisi on the ground of miscarriage of justice under s 58 of the Family Law Act 1975 (Cth). It is noted that two notices of appeal were filed by the applicant and the Full Court of the Family Court dealt with both notices in the one judgment (see related proceedings S347 of 2005).

Because the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

The application for special leave dated 12 July 2005 is made out of time. The basis for the extension of time required is that whilst the Full Court of the Family Court delivered its judgment on 16 December 2004, it did not give reasons until 17 June 2005.

The applicant’s written submissions in support of the application for special leave includes grounds of bias, improper procedure, prejudice and breach of natural justice. Many of the matters raised by the applicant do not properly arise in this application. The applicant has raised no questions of law which would warrant a grant of special leave. In any event, there is no reason to doubt the correctness of the conclusions reached in the courts below.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.07 AM THE MATTER WAS CONCLUDED