Kostic & Vaughan (No 2) [2025] FedCFamC1A 212 (17 November 2025)

Note: This copy of the Court's Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Kostić & Vaughun has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. The applicant, Ms Kostić, is the appellant in an appeal listed for hearing in Adelaide on 18 November 2025.
2. The applicant filed an Application in an Appeal on 17 November 2025 in which she seeks the following relief:
   1. The Appellant is granted an extension of time to file her Fourth Amended Notice of Appeal.
   2. The Appeal hearing be rescheduled to the next availabe [sic] hearing date in the next sitting period.
   3. In the alternative the Appellant be granted leave from attending the Appeal hearing on 18 November 2018 [sic].
   4. The Appellant be granted permission to attend the hearing by phone if circumstances allow her to do so and it would not be prejudicial for the Appellant to appear given her personal circumstances at that time.
   5. In the alternative the Appellant be able to rely on the papers of this Appeal including all submissions, written and oral submission at the hearing on 18 November 2025, made by the second respondent.
   6. In the alternative the Appeal be heard on the papers but the parties be given a further seven days to amend their written submissions to incorporate further argument which would otherwise been made orally at the appeal hearing.
   7. Any other order the Court deems appropriate.
3. The applicant contends that circumstances beyond her control prevent her attendance at the appeal hearing. The applicant contends that her brother is undergoing surgery in Queensland, either today or tomorrow and there is a risk he may not survive the surgery, and she may need to be present to make "informed medical decisions" as one of his joint powers of attorney.
4. The applicant further relies upon a letter from her general medical practitioner noting that the applicant is undergoing medical investigation for an irregular heartbeat and strongly recommends the applicant "not be subjected to stressful questioning in court proceedings, and instead that reliance be placed on her written submissions".
5. The applicant wishes to rely upon her written summary of argument filed on 29 September 2025.
6. The first respondent and the ICL have filed Submitting Notices and will not be affected by the application.
7. The second respondent does not oppose the applicant being excused from attending the appeal hearing. Further, the second respondent does not oppose an adjournment of the appeal given his understanding that the applicant wishes to produce "further evidence for the Court including but not limited to a fourth amended Notice of Appeal".
8. There is no application to adduce further evidence in the appeal. The only relief sought is as set out above.
9. The applicant will be granted leave to rely upon her fourth amended Notice of Appeal and will be excused from attendance at the appeal hearing. It is noted that in addition to relying upon her own written submissions, the applicant adopts the written submissions filed by the second respondent and any oral submissions made by him at the appeal hearing. The application in an appeal will be otherwise dismissed.

I certify that the preceding nine (9) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Carew.