Herridge & Handerson

The appeal in Herridge & Handerson was brought against the parenting orders made by the trial judge in the Family Court of Australia. The appellant, who was the father, challenged various aspects of the trial judge's decision, including the delay in delivering the judgment, the trial judge's failure to consider certain statutory provisions, the trial judge's reliance on an external source, and the trial judge's failure to properly consider the best interests of the children. The court was required to determine whether the appeal was valid and, if so, what orders should be made.

The court found that the delay in delivering the judgment did not constitute grounds for appellate intervention, as the challenges raised by the appellant were not dependent on the delay. However, the trial judge's judgment was subjected to closer scrutiny. The court found that the trial judge had erroneously referred to a particular section of the Family Law Act without first considering whether the presumption of equal shared parental responsibility applied and whether it was rebutted. Although the trial judge had given considerable attention to the issue of family violence, it could not be accepted that the trial judge had impliedly considered the relevant section of the Act and declined to find that the presumption was rebutted. The court also found that the trial judge's reference in his reasons to a newspaper editorial not raised with the parties constituted a failure to afford the parties natural justice, and that the trial judge's conclusion with respect to the best interests of the children was vitiated by his failure to have proper regard, or give adequate weight to various provisions of the Family Law Act.

As a result of these findings, the appeal was allowed and the matter was remitted for re-hearing. The orders of the trial judge were set aside, and the wife's application for parenting orders was remitted for re-hearing by a Judge in the Sydney Registry. The orders of the trial judge continued as interim orders until the redetermination of the proceedings. The court also granted costs certificates to the appellant mother, the father, and the Independent Children's Lawyer.