Daalman & Daalman  [2025] FedCFamC1A 33 was an appeal from a decision of a Div 2 Judge.  Orders had been made in the lower proceedings in the absence of the appellant wife, dismissing her Application for Review of a registrar’s decision.  Interim Orders had been made by a Senior Judicial Registrar for the sale of a property, an interim distribution to both parties and the balance of funds to be held in a controlled monies account pending the final hearing.

The wife filed an Application for Review of some of those Orders however, before the Review could be heard the parties entered into Consent Orders varying some of those Interim Orders which satisfied part but not all of the Review Application, essentially leaving only the issue of the interim distribution of funds.  Thereafter the wife failed to appear when the Review was listed before the Div 2 Judge and her application was therefore dismissed.  The wife then filed this Appeal in respect of that dismissed application for review.

As the Orders that the wife wished to appeal were interlocutory and not final she required leave to appeal however, she did not seek that leave in filing her Notice of Appeal.  That being said, His Honour, Riethmuller J, permitted an oral application for leave given that the Appellant was self-represented.  An appeal however, was not the appropriate course in the circumstances of this case but rather, the Appellant ought to have filed an Application pursuant to Rule 10.13 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, setting aside the Orders made in her absence.

Ultimately His Honour dismissed both the application for leave to appeal and the appeal itself.  The Appellant was also ordered to pay the Respondent’s costs in the sum of $7,000.