Cramer v Davies

[1996] HCATrans 306

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A38 of 1996

B e t w e e n -

DEBORAH ANNE CRAMER

Appellant

and

ROGER PHILIP DAVIES

Respondent

Consent Order

DAWSON J
TOOHEY J
McHUGH J

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 2 OCTOBER 1996, AT 10.18 AM

Copyright in the High Court of Australia

DAWSON J:   I have a certificate dated 1 October 1996 signed by the Senior Registrar of the Court certifying that she holds a consent duly signed by the solicitor for the appellant, the respondent and the separate representative to the making of an order in the following terms:

1.  The appeal from the part of the judgment of the Full Court of the Family Court of Australia given and made on 29 March 1996 be allowed.

2.  The judgment of the Full Court of the Family Court of Australia made on 29 March 1996 as far as it relates to orders for final custody be set aside in so far as the Court dismissed the appeal and in lieu thereof the appeal to that Court be allowed.

3.  The order of the Full Court of the Family Court of Australia made on 16 August 1996 ordering costs against the appellant be set aside.

4.  The order of the Family Court of Australia made on 15 December 1995 for sole custody be set aside.

5.  The Family Court of Australia be directed to rehear the matter by a judge of that Court other than the trial judge and that the evidence taken in the trial be tendered to the trial judge on the retrial for consideration in the retrial.

6.  The order of the Family Court of Australia made on 11 April 1996 as to the costs of the trial be set aside with leave to either party to argue the question of costs of the trial at the conclusion of the custody hearing in the Family Court.

7.  There be no order as to costs with respect to the application for special leave to appeal to the High Court of Australia and the appeal to the High Court of Australia.

And the Court makes the order accordingly.

AT 10.20 AM THE MATTER WAS CONCLUDED