Burns and Caldwell and Anor (Costs)

The appeal was heard by Justice Bromberg of the Family Court of Australia. The mother, the primary carer for her two children, sought an expedited hearing of her appeal against interim parenting orders made in the Federal Magistrates Court. The father, who had previously been convicted of assaulting the mother, was granted leave to appeal by the Federal Magistrates Court and was subsequently awarded increased contact with the children. The mother sought an expedited hearing of the appeal on the basis that the father's contact with the children presented a real and immediate risk of harm to the children. The court was required to determine whether the application should be heard as an expedited matter.

Justice Bromberg held that while the risk of harm presented by the father's contact with the children was serious, it was not immediate. The court held that the application was not in the children's best interests to be heard as an expedited matter. The court held that the mother had not demonstrated that there was a real risk that the delay in hearing the appeal would cause the children harm, or that the delay would significantly affect the outcome of the appeal. The court also held that the delay in hearing the appeal would not significantly affect the ability of the parties to resolve their dispute. Justice Bromberg dismissed the mother's application for an expedited hearing of the appeal.