Helbig & Rowe

In the appeal case of Helbig & Rowe, the mother sought to appeal the primary judge's findings regarding the care, custody, and control of the children. The dispute centred around allegations of risk of sexual abuse against the father, with the mother arguing that there was an unacceptable risk of abuse if the children were to live with the father and spend time with her. The matter was heard by the Family Court of Australia.

The legal issues before the court included whether the primary judge erred in law by failing to take into account all of the material before him, whether the primary judge erred in the weight attributed to the evidence, and whether the primary judge erred in fact in relation to certain factual findings. Additionally, the court had to consider the mother's application to adduce further evidence on appeal, which was made pursuant to the Family Law Rules.

The court found that there was no merit in any of the grounds of appeal. The court held that the primary judge did not err in law or in fact, and that he appropriately assessed the evidence, including the single expert report, and determined that there was no unacceptable risk of sexual abuse. The court also dismissed the mother's application to adduce further evidence on appeal, finding that it was not appropriate to allow such evidence in the circumstances of this case. The appeal was therefore dismissed, with the mother ordered to pay the father's costs of and incidental to the appeal.