Annual report [1997-98] - Family Court of Australia

The Family Court of Australia – annual report 1997-98
Appeals in administration
Appeals are administered by an appeal registrar in three areas, namely: the Northern area
which covers Queensland, Northern Territory and Northern New South Wales: Eastern,
which covers the balance of New South Wales and the Australian Capital Territory; and
Southern, which covers Victoria, Tasmania and South Australia. There is also a particular
registrar to locally administer appeals in each major registry of the Court. Western
Australia is separately administered by a registrar of that Court. The appeal registrars during
this year were Ms Susan Gardiner (Northern), Ms Barbara Guthrie (Eastern) and Ms
Vala Marino (Southern).
General trends in appeals during this year
The statistical information set out later in this section indicates there has been a substantial
increase in the number of appeals over the past few years compared with previous years.
The total for this year (302) is the second highest annual total since the Court commenced
in 1976, being exceeded only in 1980 when there were 315 appeals. In addition, there were
a total of 54 applications for leave to appeal, which is a greater figure than in any previous
year, and some of those have led to the filing of appeals which are included in the above
total and some of which would not have because leave to appeal was refused but which
required an oral or written hearing.
During the year the Court heard 180 appeals of which 77 (42%) were allowed and 103
(57%) were dismissed. In addition, 24 appeals were abandoned and 97 were withdrawn.
The total number of appeals disposed of during the 12 months was 301. At the end of June
1998, 133 appeals were outstanding, being 21 reserved judgments and 112 awaiting hearing
(some of which may ultimately be abandoned or withdrawn).
During the 12-month period 45 applications for leave to appeal were dealt with and in 19
of those leave to appeal was granted and in 26 the application was dismissed. In that
period five such applications were abandoned and 33 were withdrawn, and judgment is
reserved in two further applications. Of the 45 applications for leave to appeal heard by the
Court, approximately 45% were successful.
Other significant matters to be drawn from the statistics include:
■ Property issues represented 31%
■ Residence, contact and specific issues orders represented 40% of appeals
■ The percentage of appellants who were male was approximately 56% and female 41%
and the balance being corporations or third party appellants – in the previous year the
male/female percentages were respectively 56.4% and 41.3%
■ The number of appellants in person was approximately 36% and in applications for
leave to appeal it was 37% – in the previous year in the percentages were 26% and 40%
respectively
Appeals to the High Court of Australia
Section 95 of the Family Law Act provides that an appeal does not lie to the High Court
from a decree of a court exercising jurisdiction under the Family Law Actwhether original
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