QLD Applicant Appealing Final Ruling in Family Court - What to Do?

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Legally Fizzing

Well-Known Member
15 March 2016
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1
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Hope someone can assist here.

We have spent 3 years defending a ridiculous parenting application in family court. The applicant managed, through his terrible behaviour, to have a final ruling. At trial of nil contact, with sole responsibility given to the mother (the respondent), as the applicant demonstrated through the many interim rulings and various forms of reporting, mediation, counselling and other arrangements, that he is incapable of co-parenting, is vexatious toward the mother, and above all, did not care what impact he had on the child.

So we had an absolutely definitive win and the judge issued her reasoning and final ruling in only 4 days! She provided 100+ statements of reasoning which covered every plausible avenue of appeal that a reasonable person would consider. However, it came as no surprise to us that he has appealed and his numerous pages of ranting are all around the Judge 'failing to' this and 'failed to' that. Anyway, we are done with it and have discharged our lawyer having already sunk $150K into this where as he is self representing.

Our question: the hearing of his application with the registrar is set for a date in the next few days. We are absolutely certain that it will not be accepted, however, we are expected to attend the court either by phone or in person. The respondent is committed to other appointments and is unable to attend, cannot excuse herself to be on the phone and does not have a legal representative.

Two questions;

1: If we ignore this and simply not appear on the day, will there be a consequence?

2: Can I (her partner) appear via telephone as it allowed and introduce myself as representing the respondent, despite not being a legal representative?

Hope someone can assist here. It was bad enough that he was allowed to cross examine her for several hours, asking the most ridiculous and inappropriate questions (unfortunately a necessity for Her Honour to make an observed ruling), but to then expect us to listen to his whining and complaining again is simply not going to happen.
 

sammy01

Well-Known Member
27 September 2015
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What reason is there for the respondent not to attend / accept phone call?

Sorry, short of something catastrophic I would be in attendance and when I say catastrophic I mean - funeral of an immediate family member or giving birth...

Mate, you've spent a fortune (sadly) - why risk letting this thing going any further?

Nope, you can't 'represent' your partner.

So - if you insist on not having your partner appear - I wonder if it will just be adjourned? Certainly a decision won't be made at the first hearing...
 

Legally Fizzing

Well-Known Member
15 March 2016
17
1
79
Thanks Sammy01. The reason to avoid the applicant is simply one of personal choice. He won't get anywhere in the matter and as his psychopathy has always been one of control and power it would be a very small yet highly aggravating gesture of defiancee to say 'No, we're not playing your stupid game anymore'. So you say "Certainly a decision won't be made at the first hearing". So this is just the first step in yet another episode of his madness ? This is so frustrating.

Our Barrister said that the case was so clear cut that there is no chance it will go anywhere on appeal, there are no valid grounds. So what happens next? What exactly is the point of this first court date?

The applicant has applied and his appeal is being heard by a Justice XXXXXX. I had hoped that common sense would have stopped this in its tracks. All he wants is to keep torturing my partner, even the Judge at trial indicated this was patently obvious.
 

AllForHer

Well-Known Member
23 July 2014
3,664
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The thing is, the ex has a legal right to appeal a decision to a higher Court. Procedural fairness, etc.

Similarly, your partner also has a right to apply for a costs order.