A v A: Relocation approach

The Full Court of the Family Court of Australia considered an appeal by the mother against orders made by Moss J concerning relocation. The dispute centred on the relocation of a child, and the primary judge's decision-making process in relation to this issue.

The central legal issue before the Full Court was whether the primary judge had erred in his application of the doctrine of judicial notice. Specifically, the Court had to determine if the primary judge had properly afforded the parties an opportunity to make submissions and refer to relevant information concerning the knowledge he proposed to acquire or take into account, as required by s 144 of the *Evidence Act 1995* (Cth).

The Full Court reasoned that the primary judge's reliance on judicial notice was a significant error, particularly as it occurred within a judgment that failed to compare the relative merits and disadvantages of the relocation proposals before him. The Court held that the primary judge had not provided the appellant mother with the necessary opportunity to make submissions, thereby breaching s 144(4) of the *Evidence Act 1995* (Cth). Consequently, the appeal was allowed, the previous orders were set aside, and the matter was remitted for rehearing. The Court also granted costs certificates to both the appellant mother and the respondent father in respect of the appeal.