In Kenton & Odom [2026], Mr Strik appeared as counsel, representing the respondent Mr Odom in the Federal Circuit and Family Court of Australia. This case was heard before Schonell J on 12 January 2026.
On 15 September 2025, a divorce order was made in relation to the parties. This order took effect from 16 October 2025.
Appellant Argument
Through an Application in an Appeal filed on 19 December 2025, the applicant sought a review of the orders of a senior appeal judicial registrar.
The orders subject to review were:
- Refusing the applicant leave to rely upon an Amended Application in an Appeal filed 26 November 2025,
- Refusing an oral application for an adjournment, and
- Dismissing an Application in an Appeal filed 16 October 2025.
Legal Reasoning
Citing s 55(1) of the Family Law Act 1975 (Cth) (“the Act”), His Honour reasoned that the central issue in this case was the fact that an Application in an Appeal had not been made prior to 16 October 2025 when the divorce order became effective.
Additionally, s 60 of the Act provides that an appeal to divorce orders can not occur after it has come into effect (in this case, after 16 October 2025). Schonell J stated that any application occurring after this point is an “abuse of process” and subject to dismissal [13].
Outcome
His Honour, Schonell J ordered that Ms Kenton’s Application in an Appeal be dismissed. She was also ordered to pay Mr Odom’s costs, given that the appeal/review was without merit and unsubstantiated by the law.
Analysis
This case highlights the importance of complying with strict legal procedures in family law proceedings and filing applications in a timely manner.
Anthony Strik accepts briefs in family law appeals and appellate matters. If you require experienced legal representation in the Federal Circuit and Family Court of Australia, please contact his chambers.