Event and Time
Event Description
On 8 August 2019, Ms Zuen ("the mother") sought to reinstate her appeal against final parenting orders made by Justice Loughnan on 5 June 2019. The appeal had been deemed abandoned after she failed to file a draft appeal index by the deadline imposed by the Family Law Rules 2004 (Cth).
Application and Claims
- Ms Zuen requested reinstatement of her appeal after it was abandoned due to her not filing required documents on time.
- Mr Lhao ("the father") opposed the reinstatement, arguing that the mother’s application should be dismissed.
- The Independent Children’s Lawyer (ICL) supported the mother's reinstatement application.
Judicial Decisions
1. The appeal EA 61 of 2019 was reinstated. 2. Ms Zuen was ordered to file and serve the draft appeal index within seven days. 3. There were no orders as to costs.
Dispute Points and Legal Basis
Dispute Points
- Mother's Claims:
- Ms Zuen argued that her failure to file the draft appeal index was due to unavoidable circumstances. - The proposed grounds of appeal may attract appellate intervention.
- Father's Arguments:
- Opposed the reinstatement claim, asserting it should remain abandoned, preserving the current parenting orders.
- Third Party (Independent Children's Lawyer) Position:
- Supported the mother's application, highlighting the importance of considering the child's interests in the appeal.
- Contextual Issues:
- Parenting orders involved significant factors, such as allegations of family violence, and the dynamic between the parents and the child. - A previous court was unable to fully assess the father due to inadequate opportunities for direct interviews and assessments of his interactions with the child.