Event and Time
Event Description
- Date of Application: 31 October 2019
- Date of Initial Order: 2 September 2019
- Nature of Application: Reinstatement of an appeal against parenting and property orders.
Application and Claims
- Applicant: Mr. Ahsan seeks reinstatement of his appeal filed on 26 September 2019.
- Respondent: Ms. Ahsan opposes the application along with the Independent Children’s Lawyer (ICL).
- Key Issue: The applicant failed to file a draft index to the appeal book by the due date of 24 October 2019, leading to the appeal being deemed abandoned as per the Family Law Rules.
Judicial Decisions
- The application for reinstatement of the appeal is dismissed.
- Orders for written submissions regarding costs are issued with set deadlines.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Arguments:
- Reasonable explanation for the delay in filing the draft index. - Asserts that the rights to appeal should not be jeopardized due to procedural non-compliance, as confirmed in Jackamarra v Krakouer (1998) 195 CLR 516.
- Respondent's Arguments:
- Opposes reinstatement of the appeal, stating that the appeal lacks merit and reinstating it would be futile. - Asserts that the procedural rules should be strictly adhered to for justice and to uphold vested rights.
- Independent Children's Lawyer (ICL):
- Supports the respondent’s position on the futility of the reinstatement if the appeal lacks merit.