G v O

In the Family Court of Australia, G, a mother, appealed against a decision of O, a father, in relation to their two children. The primary judge had found that the mother and father had been in a de facto relationship and that the children should reside with the father. The mother argued that the delay between the trial and the delivery of judgment and the inadequacy of the reasons given by the primary judge amounted to a miscarriage of justice.

The appeal raised questions about whether the delay between the trial and the delivery of judgment affected the critical factual findings, particularly those relating to the credibility of witnesses. The appeal also questioned whether the reasons provided by the primary judge adequately explained the delay and whether it had affected the capacity of the primary judge to properly consider the parties' cases on critical issues. The appeal further examined whether the findings made by the primary judge were consistent and whether there was an evidentiary basis for the findings. The appeal also considered whether the inadequacy of reasons and deficiency in factual findings gave rise to a miscarriage of justice.

The court held that the delay between the trial and the delivery of judgment did not affect the critical factual findings as the primary judge had given reasons for the delay and had not been deprived of the capacity to properly consider the parties' cases on critical issues. The court found that the primary judge's reasons were inadequate in explaining the delay and in providing an evidentiary basis for the findings. The court also found that the findings made by the primary judge were inconsistent on a central issue, and that the inadequacy of reasons and deficiency in factual findings gave rise to a miscarriage of justice. The court held that the primary judge's finding that the parties had been in a de facto relationship was not supported by the evidence, and that the children should reside with the mother.

The court set aside the orders made by the primary judge and ordered that the children reside with the mother. The court also ordered that the father pay the mother's costs of the appeal.