High Court of Australia
HIGH COURT OF AUSTRALIA
KIEFEL CJ,
GAGELER, GORDON, GLEESON AND JAGOT JJ
BARNETT APPELLANT
AND
SECRETARY, DEPARTMENT OF COMMUNITIES
AND JUSTICE RESPONDENT
Barnett v Secretary, Department of Communities and Justice
[2023] HCA 7
Date of Hearing: 10 February 2023
Date of Order: 10 February 2023
Date of Publication of Reasons: 15 March 2023
S142/2022
ORDER
The grant of special leave in this matter be revoked.
On appeal from the Federal Circuit and Family Court of Australia (Division 1)
Representation
B R Kremer with A T-H Lim for the appellant (instructed by Hague Convention Legal Practice)
M A Gillies SC with M R M Barnett SC for the respondent (instructed by DCJ Legal)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Barnett v Secretary, Department of Communities and Justice
Family law – Children – International child abduction – Where child removed from Ireland to Australia by appellant mother without consent of father – Where father granted declaration of guardianship in Ireland – Where respondent sought orders in Australia for return of child to Ireland under Family Law (Child Abduction Convention) Regulations 1986 (Cth) – Where no transcript or reasons for making Irish declaration provided to Australian courts – Whether bare declaration created issue estoppel preventing mother from submitting father did not have rights of custody under Regulations at date of child's removal from Ireland.
High Court – Special leave to appeal – Where special leave granted in respect of finding of issue estoppel based on bare declaration by Irish court, absent transcript or reasons for decision – Where transcript belatedly provided to High Court prior to appeal hearing – Where factual foundation for grant of special leave removed – Whether continuation of appeal contrary to interests of administration of justice – Whether special leave should be revoked.
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