Kaba & Zemin (No 2)

Mr Kaba appeals against the final parenting and financial orders made by the primary judge in the Federal Circuit and Family Court of Australia. The primary judge had found the appellant guilty of family violence, and the appeal concerns the primary judge's findings in this regard. The appeal also concerns the final financial orders made by the primary judge. The appellant was unsuccessful in his application for leave to appeal the procedural orders made by the primary judge. The appeal against the substantive orders of the primary judge was dismissed by the appellate court. The appellant was ordered to pay the costs of the respondent and the Independent Children's Lawyer. In the Federal Circuit and Family Court of Australia, Mr Kaba (the appellant) appeals against the final parenting and financial orders made by the primary judge. The appeal concerns the primary judge's findings of family violence, as well as the final financial orders made by the primary judge. The appellant had previously been unsuccessful in his application for leave to appeal the procedural orders made by the primary judge. The appellant's grounds of appeal lacked merit, were incompetent, and not supported by the evidence. The appeal against the substantive orders of the primary judge was dismissed by the appellate court. The appellant was ordered to pay the costs of the respondent and the Independent Children's Lawyer. The primary judge found that the appellant had committed serious offences of domestic violence, which were exacerbated by the breach of an AVO. The primary judge found that the appellant had perpetrated family violence against the respondent, often in the presence of the children. The primary judge found the respondent's evidence credible and not subject to significant challenge, and found the appellant's evidence unreliable and unsatisfactory. The primary judge accepted the findings of the Family Assessment Report in relation to the impact of family violence on each of the parties and the children. The primary judge found that the appellant was not a viable and safe parent due to the family violence he had perpetrated, and that the children were at great risk. The primary judge found that the orders proposed by the appellant would place the children in a position of unacceptable risk of psychological or emotional harm. The appellate court found that the appellant's grounds of appeal lacked merit, were incompetent, and not supported by the evidence. The appellate court found that the primary judge's findings of family violence were supported by the evidence, and that the primary judge had properly considered the safety of the children in making the final parenting orders. The appellate court found that the primary judge had properly considered the financial contributions of each party, and had made appropriate findings in relation to the apportionment of contribution. The appellate court found that the primary judge's reasons for the final financial orders were adequate, and that there was no error in the final financial orders made by the primary judge. The appellate court dismissed the appeal against the substantive orders of the primary judge, and ordered the appellant to pay the costs of the respondent and the Independent Children's Lawyer. The appellant was ordered to pay the respondent's costs in the sum of $15,000, and the costs of the Independent Children's Lawyer in the sum of $5,000, within 28 days of the date of the orders. The form of the order is subject to the entry in the Court's records. This copy of the Court's Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors, or to record a variation to the order.