FAMILY LAW – APPEAL – APPLICATIONS IN AN APPEAL – NOTICES OF APPEAL – where the applications and the appeals were adjourned until after delivery of judgment by the Full Court in the appeal filed by the husband whereby the Public Trustee for the State of South Australia was appointed as the Litigation Guardian for the husband – where the Full Court made orders allowing the appeal and setting aside the orders appointing the Litigation Guardian – where the issue now is whether the final parenting, the final property settlement orders and the costs orders are void or voidable – where if the orders are voidable to which court should an application be made to set them aside – where if an application is made should that be an application to set aside the orders consequential upon the decision of the Full Court, or, in relation to the property settlement orders, should it be an application pursuant to s 79A of the Family Law Act 1975 (Cth) – where if the husband does not seek to set aside the orders should the appeals he seeks to pursue against them be allowed to proceed – where if the order that the husband pay the costs of the Litigation Guardian is void then it cannot be enforced or relied upon, but if it is voidable, or neither void nor voidable, should the husband still be required to comply with it – where, if the property settlement orders are voidable, what should be done with the husband’s appeal against the orders made by the Federal Magistrate on 22 June 2010 refusing a stay of the orders for property settlement and by way of enforcement – where the orders made here are voidable – where it should now be up to the husband to leave the orders in place or seek to set them aside – where the application to extend the time to file an appeal against the parenting orders made on 16 March 2009 is dismissed in any event – hearing to be conducted to address issues that flow from the finding that the orders are voidable.
NOTE: The period for seeking special leave to appeal to the High Court has not expired.