Saidov & Saidov  [2025] FedCFamC1A 49 

This was a decision of His Honour, Austin J, where the Appellant mother sought to appeal the refusal of an adjournment application made part way through the trial of the substantive proceedings.  The mother had not attended Court on that day, during what was a very lengthy trial, and as a result the father sought Interim Orders pending the outcome of those proceedings.  That was supported by the ICL and thereafter Interim Orders were made, on 6 February 2025, reversing the primary residence of the children and placing them in the father’s care.  Further Interim Orders were made on 14 February 2025.

On 6 March 2025 the mother filed an appeal but of the 6 February 2025 Orders which had been discharged by the later Interim Orders.  That Appeal was then listed for the mother to show cause why it should not be summarily dismissed given that she wished to appeal Orders that no longer existed.  The mother separately filed an appeal against the 14 February 2025 Orders but did not abandon this appeal.

The appeal was summarily dismissed an the Appellant ordered to pay the Respondent’s costs of $601.10 and $436 in respect of the Independent Children’s Lawyer.

Whilst it is important to note that the mother was self-represented on appeal she was represented by counsel in the substantive proceedings and we imagine that she had received advice in respect of the merits of such an appeal.