Faulkes & Tomkins

The matter of Faulkes & Tomkins was an appeal concerning parenting arrangements between the parties. The appeal was heard and determined by the Family Court of Australia. The appellant contested the primary judge's decision, arguing that the judge had erred in refusing to re-examine certain evidence that the appellant believed was critical to the resolution of the dispute. The appellant further contended that the primary judge's findings were incorrect and that procedural fairness had been denied.

The legal issues before the court centred on whether the primary judge had erred in refusing to re-examine the evidence, and if so, whether those errors were significant enough to warrant a re-hearing of the matter. The court had to consider the weight and relevance of the evidence, and whether the primary judge's failure to re-examine it had prejudiced the appellant. Additionally, the court had to determine whether the appellant's claims of procedural unfairness had merit.

The court found that the primary judge's refusal to re-examine the evidence was an error, and that this error was material to the resolution of the dispute. The impugned findings were central to the orders ultimately made, and the court concluded that the primary judge's failure to consider the evidence properly had prejudiced the appellant. The court also found that the appellant's claims of procedural unfairness were substantiated. As a result, the appeal was allowed, and the orders made by the primary judge were set aside. The matter was remitted for re-hearing before a different judge, and the appellant was ordered to pay the respondent's costs of the appeal. Furthermore, the court issued costs certificates for the rehearing, authorising potential payments to both parties from the Attorney-General in respect of the costs incurred.