Anderson v Anderson [2006] HCATrans 182 (12 April 2006)

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Anderson v Anderson [2006] HCATrans 182 (12 April 2006)

Last Updated: 2 May 2006

[2006] HCATrans 182

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Melbourne No M110 of 2005

B e t w e e n -

GEORGE ANDERSON

Applicant

and

VERONICA ANDERSON

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 12 APRIL 2006, AT 9.28 AM

Copyright in the High Court of Australia

GUMMOW J: On 28 April 2003, pursuant to an order that there be a parenting testing procedure to ascertain the parentage of an adult child of the marriage, a report establishing that the husband was the father was issued.

The applicant husband then made a further application to have blood tests conducted with a view to determining issues about the paternity of that adult child. It was dismissed by a judicial registrar of the Family Court of Australia.

State Trustees Ltd was then appointed administrator of the husband’s estate by the Victorian Civil and Administrative Tribunal.

Guest J then dismissed an application for review, in effect with the consent of counsel for State Trustees Ltd. The Full Court (Kay, May and Carter JJ) refused an application for leave to appeal against Guest J’s orders brought by the husband personally.

The order appointing State Trustees Ltd as administrator was then revoked. Another Full Court (Holden, Warnick and O’Ryan JJ) dismissed an appeal by the applicant against certain orders made by Guest J in relation to property, but also, apparently, against Guest J’s orders relating to paternity.

The applicant’s very brief application for special leave to appeal in relation to the paternity question discloses no point which would attract a grant of special leave. Further, the application was not filed within the time limited by r 41.02.1. Compliance with that rule should not be dispensed with and the application should be dismissed as incompetent.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish the disposition signed by Heydon J and myself.

AT 9.30 AM THE MATTER WAS CONCLUDED