High Court rejects special leave: Gomes v Gomes

High Court rejects special leave: Gomes v Gomes

Justices Gummow and Kiefel of the High Court have rejected the wife’s application for spedical leave to appeal the decision of the Full Court of the Family Court in Gomes v. Gomes. Mushin J had found that there was a distinct lack of credibility of both the wife and the husband.

The wife, who received 65% of the property pool, appealed to the Full Court. Although managing to have some variation of Mushin J’s orders, she was dissatsified and applied to the High Court for special leave to appeal to that court. It is not possible to appeal to the High Court as of right: special leave to appeal is required. It is granted sparingly.

Justices Gummow and Kiefel said that the application for leave to appeal:

fails to identify a question of law that would justify the grant of special
leave. The applicant’s written case is aimed at the treatment of various aspects
of the case by the Full Court and the primary judge, without directing attention
to any specific legal error or a question of principle arising out of the Full
Court’s decision. These complaints are replicated, in substance, in the
applicant’s draft notice of appeal. The applicant does not enjoy sufficient
prospects of success in this Court to warrant a grant of special leave.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

US Birthright Citizenship Challenge: What It Means for Australian Surrogacy Parents

The US Supreme Court has just heard one of the most consequential cases for international surrogacy in decades—and if you’re an Australian intended parent pursuing surrogacy in the United States, this directly affects you. Stephen Page, Director at Page Provan Family & Fertility Lawyers, breaks down what happened at the Supreme Court hearing in March… Read More »US Birthright Citizenship Challenge: What It Means for Australian Surrogacy Parents

WA Surrogacy Law Update: Nobody Knows When it Starts

If you’ve been waiting for Western Australia’s new surrogacy and fertility laws to take effect, you’re not alone—and the honest answer right now is: nobody knows exactly when they will. In this short update, Stephen Page, Director at Page Provan Family & Fertility Lawyers, breaks down where things stand with Western Australia’s Assisted Reproductive Technology… Read More »WA Surrogacy Law Update: Nobody Knows When it Starts

Pride is in the Air: When Pride Met Purpose

Sometimes a moment lands in a way that feels more than coincidental. For Stephen Page, Director at Page Provan Family and Fertility Lawyers, that happened on a Sunday in March after speaking at the Growing Families Conference in Melbourne. The conference focused on surrogacy and donation, the two pillars of modern family building for many… Read More »Pride is in the Air: When Pride Met Purpose

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board