F & C

This case concerns an appeal by the husband against final parenting orders made by the Family Court of Australia. The dispute centred on the residence of the child of the marriage, with the wife seeking to relocate the child to Port Augusta, South Australia, and the husband seeking the child to reside with him. The appeal was heard by Holden, Warnick, and O’Ryan JJ.

The primary legal issues before the Full Court were whether the trial judge erred in proceeding with the hearing in the husband’s absence, thereby occasioning a miscarriage of natural justice. The husband also contended that the trial judge displayed bias against him and that the court failed to correctly apply relevant authorities concerning relocation and child residence. Further, the husband argued that the trial judge made relevant errors of fact and that the role and conduct of the Child Representative were improper.

The Full Court noted that the trial judge, in her first judgment, considered the husband’s absence and determined that the hearing should proceed, admitting the husband’s affidavit and financial statement into evidence. The trial judge found that the husband, who had extensive experience in family law litigation, was aware of the hearing date and had been granted leave to apply for an adjournment, which he failed to do. The court also observed that the protracted nature of the litigation and its impact on the child and the wife were factors considered by the trial judge. The Full Court ultimately found no miscarriage of natural justice or error of law in the trial judge’s decision to proceed with the hearing in the husband’s absence, nor in her application of the relevant legal principles concerning relocation and child residence.

The Full Court dismissed the husband's appeal. The orders made by the trial judge, which permitted the wife to change the child's residence to Port Augusta and set out contact arrangements for the husband, were affirmed.