Celia & Celia (No 3) [2026] FedCFamC1A 68 was another ‘show cause’ hearing in respect of an appeal from, heard by His Honour, Schonell J, on 21 April 2026, the appellant husband sought to appeal Final Property Orders made, by a Division 2 Judge, in his absence, after he failed to participate in the proceedings.
As is evident from the citation, this was not the husband’s first attempt at appeal, it was also not his last, there being further outstanding matters at this time.
The husband’s previous attempts at appeal included a Notice of Appeal in respect of the trial Judge’s dismissal an application relating to a freezing order. That appeal was dismissed, the husband then, unsuccessfully, sought special leave to appeal to The High Court of Australia.
Indeed, there was quite an extensive history of interlocutory applications and appeals right up until the first day of the scheduled final hearing. Having unsuccessfully made an oral application to adjourn the hearing on that day the husband advised the Court that he did not intend to stay (he was appearing via AVL from the detention centre). The husband was represented by Counsel, appearing in person, but had not filed any trial material and the Trial Judge was left to consider if the husband should be permitted to rely on his Initiating Application and Affidavit filed therewith. Whilst considering those matters the husband terminated his AVL appearance and after consulting with the husband his Counsel advised that the husband would not be participating further and that his instructions, along with those of the solicitors instructing him, had been terminated. The matter then proceeded to be determined as an Undefended Hearing.
The husband could have made an application pursuant to Rule 10.13 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) to vary or set aside the Final Orders but he did not do so.
The matter was listed by His Honour for a ‘show cause’ hearing on the basis that the Notice of Appeal should be summarily dismissed where it has no reasonable prospects of success. At the time of this hearing the husband remained in a detention facility, awaiting deportation, and appeared via AVL.
The husband had not exhausted other avenues of redress and, further, his Notice of Appeal did not identify any appealable error. His Honour therefore determined that the Notice of Appeal was without merit and it was summarily dismissed, with an Order for Costs in a fixed amount.
Where a party has exhausted multiple avenues of appeal, including an unsuccessful application for special leave to the High Court, and then fails to participate in the final hearing of their own volition, a subsequent Notice of Appeal challenging those final orders was summarily dismissed for failing to identify any appealable error. Costs orders were made.