FAMILY COURT OF AUSTRALIA
| DICKENS & DICKENS (NO. 4) | [2019] FamCAFC 203 |
| FAMILY LAW – APPEAL – PARENTING – Where the father appeals from final parenting orders that the mother have sole parental responsibility and that the children live with her – Where the children are presently aged 16 and 17 – Where the children have not seen the father since 2014 – Where none of the grounds of appeal identify any proper challenge to the orders of the primary judge – Where the father uses his grounds of appeal to assert his correctness and beliefs that were not accepted by the primary judge – No appealable error – Appeal dismissed. FAMILY LAW – PRACTICE AND PROCEDURE – Where an order was made pursuant to s 102QB(2)(b) of the Family Law Act 1975 (Cth) prohibiting the father from instituting further proceedings without the leave of the Court – Where the father seeks to appeal all orders of the primary judge – Where no ground of appeal or submission was made in relation to this order – Appeal dismissed. |
| Family Law Act 1975 (Cth) s 102QB(2)(b) |
| CDJ v VAJ (1998) 197 CLR 172; [1998] HCA 67 Bahonko v Sterjov (2008) 166 FCR 415; [2008] FCAFC 30 |
| APPELLANT: | Mr Dickens |
| RESPONDENT: | Ms Dickens |
| INDEPENDENT CHILDREN’S LAWYER: | Moylan Family Lawyers |
| FILE NUMBER: | SYC | 739 | of | 2010 |
| APPEAL NUMBER: | EAA | 10 | of | 2019 |
| DATE DELIVERED: | 7 November 2019 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Strickland, Ainslie-Wallace & Tree JJ |
| HEARING DATE: | 23 September 2019 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 20 December 2018 |
| LOWER COURT MNC: | [2018] FamCA 1109 |
REPRESENTATION
| THE APPELLANT: | In person |
| THE RESPONDENT: | In person |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Ms Messner |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Moylan Family Lawyers |
Orders
The Application in an Appeal filed on 17 September 2019 be dismissed.
The appeal be dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Dickens & Dickens (No 4) has been approved by the Chief Justice pursuant to
s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY |
Appeal Number: EAA 10 of 2019
File Number: SYC 739 of 2010
| Mr Dickens |
Appellant
And
| Ms Dickens |
Respondent
And
| The Independent Children’s Lawyer |
REASONS FOR JUDGMENT
On 20 December 2018 Watts J made parenting orders in proceedings between Mr Dickens (“the father”) and Ms Dickens (“the mother”) in relation to the children of the parties’ relationship, B, born in 2001 (presently aged 17 years) and C born in 2003…
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- AGLC
- Dickens & Dickens (No 4) [2019] FamCAFC 203
- Case
- [2019] FamCAFC 203
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to decide were whether the father's grounds for appeal were valid and whether the primary judge's orders were justified. The court examined whether the father had identified any proper challenge to the primary judge's orders. The father's grounds of appeal appeared to be an attempt to assert his correctness and beliefs rather than identifying any appealable errors. The court also considered whether there was an appealable error in the primary judge's orders, and whether the father had sought leave to appeal a particular order made under section 102QB(2)(b) of the Family Law Act 1975 (Cth).
The court found that none of the grounds of appeal properly challenged the primary judge's orders, as they were more about the father's beliefs and correctness rather than any legal error. The court determined that there was no appealable error in the orders made by the primary judge. Furthermore, the father did not challenge or seek leave to appeal the order prohibiting him from instituting further proceedings without leave of the court. Consequently, the appeal was dismissed, and the final parenting orders made by the primary judge were upheld.
The court dismissed the appeal and made orders accordingly. The application in an appeal filed on 17 September 2019 was dismissed, and the appeal itself was also dismissed. The form of the order is subject to the entry of the order in the Court’s records.
Orders
Orders of the court
1.
The Application in an Appeal filed on 17 September 2019 be dismissed.
2.
The appeal be dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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