EL KAZEMDE & HANIF

In the matter of *EL KAZEMDE & HANIF*, Austin J of the Family Court of Australia considered allegations of child abuse and family violence. The proceedings involved the father and mother of three children, with the Independent Children’s Lawyer also participating. The court was asked to determine, on the balance of probabilities, whether the father had sexually abused his daughter and whether he had perpetrated family violence against the mother throughout their relationship. These determinations were to be made in a separate trial, with final parenting orders to be considered subsequently if necessary.

The central legal issues before the court were the findings of fact regarding child sexual abuse and family violence, and the weight to be given to a prior acquittal of the father on child abuse charges in a foreign court. The court was required to consider whether the judgment of the foreign court, admissible under s 69ZX(3)(b) of the *Family Law Act 1975* (Cth), was binding on its own findings, referencing principles from *Reid & Lynch* and *Schorel & Schorel*.

Austin J found, on the balance of probabilities, that the father had sexually abused his daughter and had perpetrated family violence against the mother. The court concluded that all three children were at an unacceptable risk of harm due to their subjection to and exposure to child abuse and family violence, and that the mother was at an unacceptable risk of harm from family violence. The court was not bound by the foreign acquittal. The proceedings were subsequently listed for further procedural orders, with leave granted for parties and the Independent Children’s Lawyer to appear by telephone and for parties to be excused from personal attendance if legally represented.