Application for permission to appeal on interlocutory orders
Where the wife’s son protests against property orders – Whether the main judge made a mistake in refusing to make an s. 102NA order – Application of relevant rules – Apprehension of bias – No error established – The appeal of the interlocutory orders was denied, so the appeal was dismissed
JURISDICTION: FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
Stokey & Dye: [2023] FedCFamC1A 38
APPEAL NUMBER: NAA 166 of 2022
THE APPELLANT: Self-represented litigant
COUNSEL FOR THE FIRST RESPONDENT: Mr Sweetman
SOLICITOR FOR THE FIRST RESPONDENT: KDK Family Law
THE SECOND RESPONDENT: Self-represented litigant
File number(s): PTW 6165 of 2021
LOCATION: Sydney (via video link)
DATE OF HEARING: 7 February 2023
DATE OF JUDGEMENT: 31 March 2023
JUDEGMENT OF: ALDRIDGE J
LEGISLATION:
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THE COURT ORDERS THAT:
- Leave to appeal against Orders 3, 4 and 6 made on 6 July 2022 is refused.
- The appeal is dismissed.
- Any party seeking an order as to costs is to file and serve written submissions on the issue of costs within 14 days.
- Written submissions in response are to be filed and served within a further 7 days
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
IT IS NOTED that publication of this judgment by this Court under the pseudonym Stokey & Dye has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
ALDRIDGE J:
INTRODUCTION
This is an application for leave to appeal, and if leave be granted, to appeal against orders made by a magistrate of the Magistrates Court of Western Australia (“the Magistrates Court”) on 6 July 2022 brought by Mr Stokey (“the applicant”), who is the son of the second respondent, Ms Dye (“the wife”). The first respondent is Mr Dye (“the husband”). The respondents are engaged in property settlement proceedings in the Magistrates Court of Western Australia. The applicant is a party in those proceedings and contends that he has a one third beneficial interest in a property at Suburb B which is registered in the sole name of the wife. On 6 October 2021, he filed a Response and a Statement of Claim which set out the basis on which he claims the one third interest.
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