Event and Time
Event Description
- Case Title: Saboski & Garth
- Jurisdiction: Family Law
- Date of Notice of Appeal Filing: 13 February 2018
- Parenting Orders Made: 29 November 2017
- Primary Judge: Rees J
- Key Parties:
- Applicant: Mr. Saboski - Respondent: Ms. Garth - Independent Children’s Lawyer (ICL)
Application and Claims
- Application Filed: Mr. Saboski seeks an extension of time to file a Notice of Appeal against parenting orders made by Rees J.
- Claims:
- Mr. Saboski (Applicant): Argues that the parenting orders are unjust and seeks to contest them. - Ms. Garth (Respondent): Opposes the application for extension, suggesting it shows poor prospects of success and inadequate explanation for delay. - Independent Children’s Lawyer (ICL): Also opposes the application.
Judicial Decisions
- The application for an extension of time to file a Notice of Appeal is dismissed based on inadequate explanation for the delay and poor prospects of success.
Dispute Points and Legal Basis
Dispute Points
- Mr. Saboski's Arguments:
- Claims difficulties obtaining legal aid funding contributed to delays in his case preparations. - Contends the parenting orders do not serve the best interests of the child.
- Ms. Garth's Arguments:
- Argues that the application for an extension lacks a satisfactory explanation for the delay. - Emphasizes the interim orders made were based on evidence that indicated potential risks for the child's welfare if unsupervised time was given to Mr. Saboski.