In Uttar & Rajendra [2024] FedCFamC1A 46, the Federal Circuit and Family Court of Australia presided over an appeal concerning orders made for the sale of property following a relationship breakdown. The court dismissed an application seeking an extension of time to appeal orders initially made in February 2020, which designated the respondent as the sole trustee for the sale of the property. The appeal aimed to challenge these orders after the property had already been sold and the legal and beneficial interest had been transferred to a third-party purchaser, rendering the orders effectively spent and leaving no legal controversy to be addressed. The applicant's failure to demonstrate how the orders were vitiated by jurisdictional error, alongside the futility of appealing spent orders, led to the dismissal of the application. The court underscored the importance of finality in litigation and adherence to procedural rules, ordering the applicant to pay fixed costs for the proceedings.
From the TLDR Caselaw Archive