FAMILY COURT OF AUSTRALIA
| FORTNUM & FORTNUM (NO. 2) | [2008] FamCAFC 73 |
| FAMILY LAW - APPEAL – Transcript – Order providing appellant and all parties to the appeal with copies of transcript where clear from trial Judge’s reasons for judgment that he had available a transcript when preparing his reasons for judgment and in circumstances where the Full Court became aware that an electronic version of much of the transcript was available to the Court and appellant had made previous applications to be provided with transcript. |
| APPELLANT: | Mr Fortnum |
| RESPONDENT: | Ms Fortnum |
| INDEPENDENT CHILDREN’S LAWYER: |
| FILE NUMBER: | SYF | 631 | of | 2002 |
| FIRST APPEAL NUMBER: | EA | 66 | of | 2006 |
| SECOND APPEAL NUMBER: | EA | 18 | of | 2007 |
| DATE DELIVERED: | 14 March 2008 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Finn, Warnick and Boland JJ |
| HEARING DATE: | 14 March 2008 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 16 June 2006 |
| LOWER COURT MNC: | [2006] FamCA524 |
REPRESENTATION
| COUNSEL FOR THE APPELLANT: | Appellant appeared on his own behalf |
| COUNSEL FOR THE RESPONDENT: | Mr Moss |
| SOLICITOR FOR THE RESPONDENT: | DGB Lawyers |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Ms Ward |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Roberston Solicitors |
Orders
That the Appeal Registrar provide to each of the appellant father, the solicitor for the respondent mother and the Independent Children’s Lawyer the full transcript of the hearing on 1 – 5 March 2004, 1 – 2 April 2004 and 5 July 2004 before the Honourable Justice Cohen in hard copy under cover of a dated memorandum.
That within twenty-one (21) days of the date on the covering memorandum of the Appeal Registrar (referred to in Order 1 of these orders), the appellant file in the Eastern Regional Appeals Registry in Sydney and serve on the solicitor for the respondent mother and the Independent Children’s Lawyer an amended Notice of Appeal and Summary of Argument.
That within twenty-one (21) days of the service of the appellant father’s Summary of Argument, the solicitor for the respondent mother and the Independent Children’s Lawyer file in the Eastern Regional Appeals Registry in Sydney and serve on all other parties a Summary of Argument.
That following the filing of the Summaries of Argument for the respondent mother and Independent Children’s Lawyer, the Appeal Registrar shall list the appeal for hearing before the Full Court at the next available hearing with all possible expedition.
That the costs of this day be reserved as costs in the appeal.
IT IS NOTED that publication of this judgment under the pseudonym Fortnum & Fortnum is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY |
Appeal Number: EA 66 of 2006; EA 18 of 2007
File Number: SYF 631 of 2002
| TIMOTHY FORTNUM |
Appellant
And
| MICHELLE FORTNUM |
Respondent
REASONS FOR JUDGMENT
FINN J: In this appeal (which is against parenting orders made by Cohen J on 16 June 2006, and which is listed for hearing before the Full…
Continue reading Fortnum & Fortnum (No 2)
Sign in free to access the full text
- AGLC
- Fortnum & Fortnum (No 2) [2008] FamCAFC 73
- Case
- [2008] FamCAFC 73
- Decision Date
CaseChat Overview and Summary
The primary legal issues revolved around the interpretation of the Family Law Act and the principles guiding decisions in the best interests of the child. The court had to evaluate the evidence presented and decide whether the Family Court's assessment of the child's welfare was correct and whether the orders made were appropriate. The father argued that the Family Court had erred in its findings, while the mother and the Independent Children's Lawyer maintained that the original decision was justified and in the child's best interests.
The court reviewed the detailed transcripts of the hearings and the arguments presented by both sides. It concluded that the Family Court's findings were supported by the evidence and that the orders made were indeed in the best interests of the child. The appeal was dismissed, and the original orders were upheld. The court also outlined specific procedural steps for the next stages of the appeal, including the provision of transcripts, the filing of amended notices of appeal and summaries of argument, and the scheduling of the appeal hearing.
The final orders included the provision of a full transcript of the previous hearings, the submission of amended notices of appeal and summaries of argument by the parties, and the scheduling of the appeal for hearing by the Full Court. Additionally, the costs of the appeal were reserved for determination in the appeal process.
Orders
Orders of the court
1.
That the Appeal Registrar provide to each of the appellant father, the solicitor for the respondent mother and the Independent Children’s Lawyer the full transcript of the hearing on 1 – 5 March 2004, 1 – 2 April 2004 and 5 July 2004 before the Honourable Justice Cohen in hard copy under cover of a dated memorandum.
2.
That within twenty-one (21) days of the date on the covering memorandum of the Appeal Registrar (referred to in Order 1 of these orders), the appellant file in the Eastern Regional Appeals Registry in Sydney and serve on the solicitor for the respondent mother and the Independent Children’s Lawyer an amended Notice of Appeal and Summary of Argument.
3.
That within twenty-one (21) days of the service of the appellant father’s Summary of Argument, the solicitor for the respondent mother and the Independent Children’s Lawyer file in the Eastern Regional Appeals Registry in Sydney and serve on all other parties a Summary of Argument.
4.
That following the filing of the Summaries of Argument for the respondent mother and Independent Children’s Lawyer, the Appeal Registrar shall list the appeal for hearing before the Full Court at the next available hearing with all possible expedition.
5.
That the costs of this day be reserved as costs in the appeal.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.