High Court Application For Special Leave To Appeal 20100225
High Court Application For Special Leave To Appeal 20100225
High Court Application For Special Leave To Appeal 20100225
BETWEEN
ADAM ADAMS
(Applicant)
and
HAI KON YU
(First Respondent)
and
1. The Applicant applies for special leave to appeal from the whole of the
judgements of the Federal Magistrates Court given on 27, 28 and 29 July 2010;
Grounds
2. The Federal Magistrates Court erred by virtue of the hearing process before the
Court and the judgement outcomes of the Court being vitiated by:
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(e) error of fact;
(i) fraud;
Order(s) Sought
(a) Order that the orders dated 27, 28 and 29 July 2010 made by the
Federal Magistrates Court be quashed.
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dated 27, 28 and 29 July 2010 made by the Federal Magistrates
Court.
(f) Order declaring that the Family Law Act 1975 is invalid.
(h) Order declaring that the Federal Magistrates Act 1999 is invalid.
(i) Order declaring that it is one of the most fundamental and basic
constitutional human rights of the child, Thursday Friday Adams (DOB
01/01/2005), that each of the relevant Australian governments, namely
the government of the State of Gotham City and the Federal government
of Australia, and each of those governments via each of their the
legislative, executive and judicial arms of each government, must act to
support and empower her right to spend equal time living with and in the
homes of each of her two parents, the Applicant and the First Respondent
and, to these ends the Court make orders declaring:
(i) that the Applicant and the First Respondent have equal shared
custody of their child, Thursday Friday Adams;
(ii) that the child Thursday Friday Adams live with the Applicant in the
Applicant's home for 14 day turnarounds and then in the First
Respondent's home (with changeover occurring each second
Friday via the school or pre-school child care centre gate (or if that
Friday is a public holiday or there is any other impediment to the
changeover occurring that Friday it is to take place the previous
non-impeded day) save that the turnaround period be extended to
28 days apiece with the Applicant and with the First Respondent at
New Year and at Christmas (respectively, and on an alternating
basis between them).
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of competent jurisdiction authorising him or her to do
so; and
(iv) that the Applicant and the First Respondent separately ensure that
all schools and other government agencies, all medical and health
practitioners and non-government agencies and businesses
involved directly or indirectly in meeting the usual every day needs
of the child Thursday Friday Adams be informed as and when
convenient and appropriate of the terms of these orders and all
such agencies and bodies, persons and businesses be lawfully
required and permitted to communicate all information regarding
the child Fiona Heather Aster equally to the Applicant and to the
First Respondent as simultaneously as practicable and to obtain
consents from either the Applicant or the First Respondent for all
medical or other health purposes separately save that in
emergency situations the consent of either the Applicant or the
First Respondent will be sufficient where the second of them
cannot be contacted or their consent provided within a necessary
or reasonable time frame to respond to the emergency.
(j) Orders that the First Respondent pay the Applicant's costs in the Federal
Magistrates Court.
(j) Orders that the First Respondent pay the Applicant's costs in the Family
Court of Australia.
(k) Orders that the First Respondent pay the Applicant's costs in this Court.
(l) such further or consequential orders as the Court considers fit to give
effect to the above orders sought.
.........................................................................
(Signed)
TO: The First Respondent
Hai Kon Yu
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C/- Gotham State Legal Aid
911 Capital Boulevard
Capital City Gotham 911
TAKE NOTICE: Before taking any step in the proceedings you must, within 14 DAYS
after service of this applicatioin, enter an appearance in the office of the Registry in
which the application is filed, and serve a copy on the applicant.
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