Event and Time
Event Description
This case involves an application for a review of a dismissal of a request for leave to appeal outside of the standard timeframe concerning a declaration made under the Family Law Act regarding a de facto relationship. The proceedings also include a costs order sought by the respondent following the unsuccessful application by the applicant.
Application and Claims
- Applicant's Claims:
- The applicant sought leave to appeal out of time from a 2018 declaration that recognized a de facto relationship, asserting a lack of error in the original decision. - Requested to set aside the dismissal of their previous application and for further evidence to be accepted.
- Respondent's Claims:
- Opposed the extension of time for the appeal due to lack of merit. - Sought indemnity costs on the basis that the application was misconceived and without realistic chance of success.
Judicial Decisions
- The court dismissed the application in an appeal filed on 6 June 2022.
- Ordered the applicant to pay the respondent's costs in the fixed sum of $10,450.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Arguments:
- Asserted that the relationship ended earlier than determined and that the delay in seeking to appeal was reasonable based on a lack of communication with previous counsel. - Presented affidavits and submissions attempting to show merit in the appeal against the 2018 ruling.
- Respondent's Arguments:
- Contended that the application lacked any real merit since the grounds of appeal were not sufficiently articulated. - Argued that the applicant’s delay and lack of explanation for the three years before attempting to renew the appeal demonstrated that the applicant did not view the previous ruling as significant until after the property settlement outcome.