high court application for special leave to appeal 20100225

8/14/2019 High Court Application for Special Leave to Appeal 20100225

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IN THE HIGH COURT OF AUSTRALIACAPITAL CITY REGISTRY

No. M of 2010

BETWEENADAM ADAMS

(Applicant)and

HAI KON YU(First Respondent)

and

FAMILY LAWYER (Tradingas FAMILY LAW FIRM)

(Second Respondent)

APPLICATION FOR SPECIAL LEAVE TO APPEAL

1. The Applicant applies for special leave to appeal from the whole of thejudgements of the Federal Magistrates Court given on 27, 28 and 29 July 2010;

Grounds

2. The Federal Magistrates Court erred by virtue of the hearing process before theCourt and the judgement outcomes of the Court being vitiated by:

(a) constitutional error;

(b) jurisdictional error;

(c) procedural error;

(d) denial of natural justice;________________________________________________________________________

Date of Document: 25 August 2010 Solicitors Code:Filed on behalf of:

The Applicant, Adam AdamsPrepared by:His Lawyer1 Capital BoulevardCapital City Gotham State 911

Telephone:Facsimile:Email:Ref:

________________________________________________________________________

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(e) error of fact;

(f) error of law;

(g) error of judgement and/or discretion;

(h) error on the face of the record;

(i) fraud;

(j) misconduct by the Judge;

(k) misconduct by the Independent Childrens Lawyers

(l) misconduct by counsel retained to represent the Independent Childrens

Lawyers;

(j) misconduct by the solicitors for the First Respondent;

(m) misconduct by counsel retained to represent the First Respondent;

(n) apprehended bias;

(o) manifested bias.

Order(s) Sought

3. The Applicant seeks the following orders:

(a) Order that the orders dated 27, 28 and 29 July 2010 made by theFederal Magistrates Court be quashed.

(b) Order absolute for a writ of prohibition prohibiting further proceedings onthe orders dated 27, 28 and 29 July 2010 made by the FederalMagistrates Court.

(c) Order absolute for a writ of prohibition prohibiting further proceedings inthe Federal Magistrates Court in respect of the parties or persons ormatters affected by the orders dated 27, 28 and 29 January 2010 madeby the Federal Magistrates Court.

(d) Order absolute for a writ of prohibition prohibiting further proceedings(both by appeal and in original jurisdiction) in the Family Court of Australiain respect of the parties or persons or matters affected by the orders

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dated 27, 28 and 29 July 2010 made by the Federal MagistratesCourt.

(e) Order declaring that as a matter of Australian constitution law (including

without limitation, Chapter III of the Constitution) does not authorise theenactment of the Family Law Act 1975.

(f) Order declaring that the Family Law Act 1975 is invalid.

(g) Order declaring that as a matter of Australian constitution law (includingwithout limitation, Chapter III of the Constitution) does not authorise theenactment of the Federal Magistrates Act 1999.

(h) Order declaring that the Federal Magistrates Act 1999 is invalid.

(i) Order declaring that it is one of the most fundamental and basicconstitutional human rights of the child, Thursday Friday Adams (DOB01/01/2005), that each of the relevant Australian governments, namelythe government of the State of Gotham City and the Federal governmentof Australia, and each of those governments via each of their thelegislative, executive and judicial arms of each government, must act tosupport and empower her right to spend equal time living with and in thehomes of each of her two parents, the Applicant and the First Respondentand, to these ends the Court make orders declaring:

(i) that the Applicant and the First Respondent have equal shared

custody of their child, Thursday Friday Adams;

(ii) that the child Thursday Friday Adams live with the Applicant in theApplicant's home for 14 day turnarounds and then in the FirstRespondent's home (with changeover occurring each secondFriday via the school or pre-school child care centre gate (or if thatFriday is a public holiday or there is any other impediment to thechangeover occurring that Friday it is to take place the previousnon-impeded day) save that the turnaround period be extended to28 days apiece with the Applicant and with the First Respondent atNew Year and at Christmas (respectively, and on an alternatingbasis between them).

(iii) that the Applicant and the First Respondent:

A. are both prohibited from from taking the childThursday Friday Adams outside of Australia for anyreason except after obtaining further order of a Court

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of competent jurisdiction authorising him or her to doso; and

B. are prohibited from making application or seeking

leave to make an application for an order permittinghim or her to take the child Thursday Friday Adamsoutside of Australia until the child Thursday FridayAdams has obtained the age of at least fourteenyears old.

(iv) that the Applicant and the First Respondent separately ensure that

all schools and other government agencies, all medical and healthpractitioners and non-government agencies and businessesinvolved directly or indirectly in meeting the usual every day needsof the child Thursday Friday Adams be informed as and when

convenient and appropriate of the terms of these orders and allsuch agencies and bodies, persons and businesses be lawfullyrequired and permitted to communicate all information regardingthe child Fiona Heather Aster equally to the Applicant and to theFirst Respondent as simultaneously as practicable and to obtainconsents from either the Applicant or the First Respondent for allmedical or other health purposes separately save that inemergency situations the consent of either the Applicant or theFirst Respondent will be sufficient where the second of themcannot be contacted or their consent provided within a necessaryor reasonable time frame to respond to the emergency.

(j) Orders that the First Respondent pay the Applicant's costs in the FederalMagistrates Court.

(j) Orders that the First Respondent pay the Applicant's costs in the FamilyCourt of Australia.

(k) Orders that the First Respondent pay the Applicant's costs in this Court.

(l) such further or consequential orders as the Court considers fit to giveeffect to the above orders sought.

DATED the day of August 2010

.........................................................................

(Signed)TO: The First Respondent

Hai Kon Yu

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C/- Gotham State Legal Aid911 Capital BoulevardCapital City Gotham 911

AND TO: The Second RespondentFamily Lawyer (trading asFamily Law Firm)666 Front StreetCapital City Gotham 911

TAKE NOTICE: Before taking any step in the proceedings you must, within 14 DAYSafter service of this applicatioin, enter an appearance in the office of the Registry inwhich the application is filed, and serve a copy on the applicant.

THE APPLICANT'S SOLICITOR IS His Lawyer 1 Capital Boulevard Capital City

Gotham State 911

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high court application for special leave to appeal 20100225

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