B v M

The appeal in B v M concerned parenting arrangements for a child, with the father, the appellant, challenging orders made by the Federal Magistrates Court. The father appealed on the grounds of the Federal Magistrate's delay in publishing reasons for the judgment, the failure to consider section 65DAA of the Family Law Act 1975 (Cth), and the Federal Magistrate's failure to give sufficient weight to the mother's unilateral relocation of the child’s residence. The court was required to determine whether the Federal Magistrate erred in these respects and, if so, whether such errors warranted the reversal of the orders.

The Federal Court found that while the Federal Magistrate erred in delaying the publication of reasons for the judgment, this did not prejudice the father's ability to appeal effectively. The court referenced Palmer & Others v Clarke & Others (1989) 19 NSWLR 158 to underscore the necessity of timely reasons for judgment, but noted that the Federal Magistrate’s reasons were ultimately sufficient. Regarding the consideration of section 65DAA, the court held that the Federal Magistrate did not err as the impracticality of equal time with each parent precluded reliance on that section. Finally, concerning the weight given to the mother's relocation, the court concluded that no error was made since the decision was based on the evidence and the Federal Magistrate had adequately considered the relocation.

The appeal was allowed, but the orders of 19 September 2007 were to continue pending further order by the Federal Magistrates Court. The Court granted costs certificates to both parties under the Federal Proceedings (Costs) Act 1981, indicating that the Attorney-General should authorize payments to the appellant and respondent for their costs incurred during the appeal.