Heidari & Ebadi

This matter concerned an appeal against interim financial orders made by a magistrate in the Magistrates Court of Western Australia. The parties sought that the appeal be allowed by consent. The appeal was heard by the Full Court of the Family Court of Australia. The central legal issue before the Court was whether the appeal should be allowed by consent and, if so, whether there was merit in the grounds of appeal. The Court was required to consider the relevant case law and determine whether the appeal was properly characterised as a Federal appeal and, if so, whether the appeal had succeeded on a question of law.

The Court found that there was ample case law indicating that an appellate court must be satisfied of error when an appeal is sought to be allowed by consent. The Court was satisfied that leave to appeal should be granted and the appeal should succeed, as there was merit in the grounds of appeal. The Court set aside the orders made by the primary Magistrate and remitted the matter for rehearing by a different family law Magistrate. The Court also granted costs certificates to both parties in accordance with the Federal Proceedings (Costs) Act 1981 (Cth), given that the appeal had been listed in a public and formal way and had proceeded to a hearing.

In light of the above, the Court allowed the appeal, set aside the orders made by the primary Magistrate, and remitted the matter for rehearing by a different family law Magistrate. The Court also granted costs certificates to both parties in respect of the costs incurred by them in relation to the appeal and the rehearing. The reasons for judgment of the Full Court will follow these orders and will be published and provided to the parties as soon as is practicable.