Application in an Appeal

Family Law Rules ~ RULE 22.36

Please type or print clearly and mark [X] all boxes that COURT USE ONLY
apply. Attach extra pages if you need more space to Client ID ____________________________
answer any question/s.
Appeal number
Filed in:
Sydney Registry _______________________________________
Brisbane Registry
Filed at CAPITAL CITY REGISTRY
Melbourne Registry
Family Court of Western Australia Registry Filed on 10 September 2010
Other (specify)
Court location Capital City
Filed on behalf of:
Full name ADAM ADAMS Court date __________________________
MARK [X] IN THE BOX THAT APPLIES TO YOU Time _______________________________
Husband/father
Wife/mother
Other (specify)

You must file an affidavit with this application

IMPORTANT: Information for respondents to the application is on page 4.

Part A About the parties

1 APPLICANT 1 RESPONDENT 1
Family name as used now Family name as used now
ADAMS YU
Given names Given names
ADAM HAI KON

APPLICANT 2 RESPONDENT 2
Family name as used now Family name as used now

Given names Given names

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 What is your contact address (address for service) Respondent’s address
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in Australia? If you give a lawyer’s address, include the
name of the law firm.

C/- His Lawyer, 1 Capital Boulevard Capital City Gotham State Legal Aid, 911 Capital Boulevard

State Gotham State Postcode 911 State Gotham State Postcode 911
Phone Fax * Phone
DX
Lawyer’s code
Email*
** Please do not include email or fax addresses unless you are willing to receive documents from the Court and
other parties in that way.
If there is a second applicant or second respondent attach a separate sheet answering this question for Applicant
2/Respondent 2.

Part B About the independent children’s lawyer (if appointed)

3 Independent children’s lawyer

Family name Given names
FAMILY LAWYER

4 The contact address (address for service) in Australia for the independent children’s lawyer is:
FAMILY LAWYER
666 Front Street Capital City 911
Phone Fax*
DX Email*
Lawyer’s code
** Please do not include email or fax addresses unless you are willing to receive documents from the Court and
other parties in that way.

Part C About the orders you [THE APPLICANT] are seeking

5 What type of orders are you seeking? Mark (X) all the boxes that apply.

✘ Application to extend time to file documents Application for security for costs
including a Notice of appeal?
Other (specify)
Application to adduce further evidence
Do you want this application to be dealt with in the absence of the parties in accordance with Rule 22.38
and Part 5.4 of the Family Law Rules?
Yes – see the notes below
✘ No

Notes
a) If the respondent objects to the application being determined in the absence of the parties you still must attend the
court.
b) If the application is to be heard in the absence of the parties each party must file at least 2 days before the hearing a
list of documents to be read by the court and a supporting submission (see Rule 5.17).

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Part D The orders you [THE APPLICANT] are seeking

6 State the orders that you are seeking. [PLEASE NUMBER EACH ORDER SOUGHT]
1. I am seeking the orders 1(a) to 1(j) as set out in the Notice of Appeal filed contempraneously with this
Application in an Appeal.

For avoidance of doubt the orders I am seeking are as follows:

The Applicant seeks the following orders:

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

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

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

(d) Order transferring to the Federal Court of Australia from the Federal Magistrates Court any and
all further proceedings (both by appeal and in original jurisdiction) in respect of the parties or persons
or matters affected by the orders dated 27, 28 and 29 July 2010 made by the Federal Magistrates
Court.

(e) Order declaring that the purported appointment of Family Lawyer of Family Law Firm of 666
Front Street Capital City as Independent Childrens Lawyer in these proceedings is invalid, null and
void.

(f) Order declaring that Lady Family Lawyer of First Family Law Firm, 44 Back Lane Gotham City
911 was, is and remains the Independent Childrens Lawyer appointed by the Federal Magistrates
Court in these proceedings and her appointment as such continues until it is terminated or otherwise
varied by the Federal Magistrates Court, by this Court, or by another court of competent federal
jurisdiction.

(g) Order declaring that it is one of the most fundamental and basic constitutional human rights of
the child, Thursday Friday Adams (DOB 01/01/2005), that each of the relevant Australian
governments, namely the government of the State of Gotham and the Federal government of
Australia, and each of those governments via each of their legislative, executive and judicial arms of
each government, must act to support and empower her right to spend equal time living with and in
the homes of each of her two parents, the Applicant and the First Respondent and, to these ends the
Court make orders declaring:

(i) that the Applicant and the First Respondent have equal shared custody of their child,
Fiona Heather Aster;

(ii) that the child Fiona Heather Aster live with the Applicant in the Applicant's home for 14
day turnarounds and then in the First Respondent's home (with changeover occurring each second
Friday via the school or pre-school child care centre gate (or if that Friday is a public holiday or there
is any other impediment to the changeover occurring that Friday it is to take place the previous non-
impeded day) save that the turnaround period be extended to 28 days apiece with the Applicant and
with the First Respondent at New Year and at Christmas (respectively, and on an alternating basis
between them).

(iii) that the Applicant and the First Respondent:

A. are both prohibited from from taking the child Thursday Friday Adams outside of
Australia for any reason except after obtaining further order of a Court of competent jurisdiction
authorising him or her to do so; and

B. are prohibited from making application or seeking leave to make an application for an
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 order permitting him or her to take the child Thursday Friday Adams outside of Australia until the
child Thursday Friday Adams has obtained the age of at least fourteen years old.

(iv) that the Applicant and the First Respondent separately ensure that all schools and other
government agencies, all medical and health practitioners and non-government agencies and
businesses involved directly or indirectly in meeting the usual every day needs of the child Thursday
Friday Adams be informed as and when convenient and appropriate of the terms of these orders
and all such agencies and bodies, persons and businesses be lawfully required and permitted to
communicate all information regarding the child Thursday Friday Adams equally to the Applicant and
to the First Respondent as simultaneously as practicable and to obtain consents from either the
Applicant or the First Respondent for all medical or other health purposes separately save that in
emergency situations the consent of either the Applicant or the First Respondent will be sufficient
where the second of them cannot be contacted or their consent provided within a necessary or
reasonable time frame to respond to the emergency.

(h) Orders that the First Respondent pay the Applicant's costs in the Federal Magistrates Court.

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

(j) such further or consequential orders as the Court considers fit to give effect to the above orders
sought.

Attach extra pages if you need more space.

Part E Certification
I certify that to the best of my knowledge and information, the orders sought in this application are supported
by evidence.

Part F Signature of applicant or lawyer

Signed Date

10/09/2010

This application was signed by ✘ the applicant/s lawyer for the applicant/s

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This application was prepared by applicant/s ✘ lawyer His Lawyer

PRINT NAME AND LAWYER’S CODE

Please go to page 4 for the Important Notices to the Respondent/s

Important Notices to the Respondent/s

You should seek legal advice about this application.

If you oppose the orders sought in this application or want the Court to make different orders you must:
 file with the Court a Response to an Application in an Appeal; and
 file an affidavit; and
 serve a copy of the documents filed on each other party not less than 2 days before the Court date
shown on page 1 of this form.

You must attend at court on the date shown on page 1 of this form, unless you agree with the applicant’s
request that the Court determine the application in the absence of the parties. If you object to the
applicant’s request, you must immediately notify the Court and the other party in writing, telling them of
your objection.

If you are required to attend and you do not attend, orders may be made in your absence.

If the application is to be determined in the absence of the parties each party must file at least 2 days
before the hearing a list of documents to be read by the court and a supporting submission (see Rule
5.17).

Approved by Chief Justice pursuant to Rule 24.04(1) [01/01/2009] V1

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