Feeney and Wilkinson

The District Court of Victoria, presided over by Faulks DCJ, heard an appeal concerning parenting orders. The dispute involved a mother and father regarding the welfare of their child, with the appeal challenging an order made by Federal Magistrate Brewster on 12 February 2007.

The central legal issue before the court was whether Federal Magistrate Brewster had erred in her previous decision regarding parenting orders. The appeal sought to overturn or vary this decision, necessitating a review of the original application and the magistrate's findings.

Faulks DCJ allowed the appeal, finding that the original order was flawed. The court reasoned that the matter required a fresh determination by a different judicial officer. Consequently, the father's application for parenting orders was remitted to the Federal Magistrates’ Court for directions and a re-hearing of the interim parenting application by a Federal Magistrate other than Federal Magistrate Brewster. The court also granted costs certificates to both the appellant mother and the respondent father in relation to the appeal and the new trial.