Blann & Kenny

In the matter of Ms Blann v Mr Kenny, the appellant sought to appeal parenting orders made by the Family Court of Australia. The dispute primarily revolved around allegations of sexual abuse against the father and the risk he posed to the children. The Independent Children's Lawyer also participated in the proceedings. The appeal was heard by Watts, Austin, and Tree JJ in the Appeal Division of the Family Court of Australia.

The legal issues central to the appeal were whether the primary judge erred in finding that the father did not pose an unacceptable risk of harm to the children, and whether the primary judge was procedurally fair in not re-listing the proceedings to inform the mother of a conclusion which defeated her expectations at trial. Additionally, the court considered whether there was a principle of law that obliged the primary judge to finally dispose of the proceedings.

The court held that the primary judge did not err in finding that the father did not pose an unacceptable risk of harm to the children. The court found no basis to conclude that the primary judge was required to re-list the proceedings to inform the mother of a conclusion that defeated her expectations at trial. Furthermore, the court held that there is no principle of law that obliged the primary judge to finally dispose of the proceedings. Therefore, the appeal was dismissed, and no order was made as to costs.