IN THE HIGH COURT OF AUSTRALIA

CAPITAL CITY REGISTRY

No. M of 2010

BETWEEN
ADAM ADAMS
(Applicant)
and

HAI KON YU
(First Respondent)
and

FAMILY LAWYER (Trading

as FAMILY LAW FIRM)
(Second Respondent)

APPLICATION FOR SPECIAL LEAVE TO APPEAL

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:

(a) constitutional error;

(b) jurisdictional error;

(c) procedural error;

(d) denial of natural justice;

________________________________________________________________________

Date of Document: 25 August 2010 Solicitor’s Code:

Filed on behalf of:
The Applicant, Adam Adams
Prepared by: Telephone:
His Lawyer Facsimile:
1 Capital Boulevard Email:
Capital City Gotham State 911 Ref:

________________________________________________________________________

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 (e) error of fact;

(f) error of law;

(g) error of judgement and/or discretion;

(h) error on the face of the record;

(i) fraud;

(j) misconduct by the Judge;

(k) misconduct by the Independent Childrens Lawyers

(l) misconduct by counsel retained to represent the Independent Childrens

Lawyers;

(j) misconduct by the solicitors for the First Respondent;

(m) misconduct by counsel retained to represent the First Respondent;

(n) apprehended bias;

(o) manifested bias.

Order(s) Sought

3. The Applicant seeks the following orders:

(a) Order that the orders dated 27, 28 and 29 July 2010 made by the
Federal Magistrates Court be quashed.

(b) Order absolute for a writ of prohibition prohibiting further proceedings on

the orders dated 27, 28 and 29 July 2010 made by the Federal
Magistrates Court.

(c) Order absolute for a writ of prohibition prohibiting further proceedings in

the Federal Magistrates Court in respect of the parties or persons or
matters affected by the orders dated 27, 28 and 29 January 2010 made
by the Federal Magistrates Court.

(d) Order absolute for a writ of prohibition prohibiting further proceedings

(both by appeal and in original jurisdiction) in the Family Court of Australia
in respect of the parties or persons or matters affected by the orders

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 dated 27, 28 and 29 July 2010 made by the Federal Magistrates
Court.

(e) Order declaring that as a matter of Australian constitution law (including

without limitation, Chapter III of the Constitution) does not authorise the
enactment of the Family Law Act 1975.

(f) Order declaring that the Family Law Act 1975 is invalid.

(g) Order declaring that as a matter of Australian constitution law (including

without limitation, Chapter III of the Constitution) does not authorise the
enactment of the Federal Magistrates Act 1999.

(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).

(iii) that the Applicant and the First Respondent:

A. are both prohibited from from taking the child

Thursday Friday Adams outside of Australia for any
reason except after obtaining further order of a Court

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 of competent jurisdiction authorising him or her to do
so; and

B. are prohibited from making application or seeking

leave to make an application for an order permitting
him or her to take the child Thursday Friday Adams
outside of Australia until the child Thursday Friday
Adams has obtained the age of at least fourteen
years old.

(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.

DATED the day of August 2010

.........................................................................

(Signed)
TO: The First Respondent
Hai Kon Yu

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 C/- Gotham State Legal Aid
911 Capital Boulevard
Capital City Gotham 911

AND TO: The Second Respondent

Family Lawyer (trading as
Family Law Firm)
666 Front Street
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.

THE APPLICANT'S SOLICITOR IS His Lawyer 1 Capital Boulevard Capital City

Gotham State 911

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