Fortnum & Fortnum (No 2)

Case [2008] FamCAFC 73

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

  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.

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

  1. 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…

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AGLC
Fortnum & Fortnum (No 2) [2008] FamCAFC 73
Case
[2008] FamCAFC 73
Decision Date

CaseChat Overview and Summary

In the case of Fortnum & Fortnum (No 2), the appellant, the father, contested the orders made by the Family Court concerning the care and welfare of his child. The respondent mother and the Independent Children's Lawyer defended the original decision. The Family Court of Australia, on appeal, was tasked with determining whether the lower court's findings and orders were legally sound and in the best interests of the child. The court needed to consider the evidence presented during the hearings and assess the arguments made by both parties regarding the child's welfare and the father's role in the child's life.

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

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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