Family Court Of Australia
| KITSANNIS & NETOPOULIS AND ANOR | [2010] FamCAFC 214 |
| FAMILY LAW - APPEAL – From a judgment of a Federal Magistrate delivered extempore – Controversy as to the duration of time the child is to spend with the maternal grandparents – Where it was a very limited and narrow controversy – Whether the Federal Magistrate failed to adequately deal with relevant statutory considerations and did not relate those considerations to the facts of the case – Whether the Federal Magistrate failed to give adequate reasons – Whether the Federal Magistrate failed to deal with some discrete factual matters – Where the outcome was well within the discretion of the Federal Magistrate – Appeal dismissed FAMILY LAW - COSTS – The Appellant to pay the costs of the First and Second Respondent |
| A v J (1995) FLC 92-619 Kennedy & Kennedy [2010] FamCAFC 195 Korban & Korban [2009] FamCAFC 143 Smith and Smith (1994) FLC 92-488 |
| Family Law Act 1975 (Cth) – s 60B, s 60CA, s 60CC, s 60CG, s 61DA, s 65C(ba) Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth) – s 60B, s 60CC(3)(b)(ii), s 60CC(3)(d)(ii), s 60CC(3)(f)(ii) Family Law Rules 2004 (Cth) – r 22.22 |
| APPELLANT: | Mr Kitsannis |
| FIRST RESPONDENT: | Ms Netopoulis |
| SECOND RESPONDENT: | Mr Netopoulis |
| FILE NUMBER: | MLC | 4463 | of | 2009 |
| APPEAL NUMBER: | SA | 91 | of | 2009 |
| DATE DELIVERED: | 1 November 2010 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Boland, O’Ryan & Bennett JJ |
| HEARING DATE: | 5 May 2010 |
| LOWER COURT JURISDICTION: | Federal Magistrates Court |
| LOWER COURT JUDGMENT DATE: | 21 October 2009 |
| LOWER COURT MNC: | [2009] FMCAfam 1126 |
Representation
| COUNSEL FOR THE APPELLANT: | Mr V.A. Morfuni SC |
| SOLICITOR FOR THE APPELLANT: | F Butera & Co Lawyers |
| COUNSEL FOR THE FIRST AND SECOND RESPONDENTS: | Mr D. Baker |
| SOLICITOR FOR THE FIRST AND SECOND RESPONDENTS: | Cash & Stavroulakis Lawyers |
Orders
The appeal be dismissed.
The Appellant pay the costs of the First and Second Respondent of and incidental to the appeal.
IT IS NOTED that publication of this judgment under the pseudonym Kitsannis & Netopoulis is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT MELBOURNE |
Appeal Number: SA 91 of 2009
File Number: MLC 4463 of 2009
| Mr Kitsannis |
Appellant
And
| Ms… |
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- Case
- [2010] FamCAFC 214
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the Federal Magistrate's judgment adequately considered the relevant statutory framework and the facts of the case, whether the magistrate provided sufficient reasons for the judgment, and whether the magistrate had failed to address certain factual matters. The court was required to determine if the outcome of the case fell within the discretionary power of the Federal Magistrate.
In evaluating the appeal, the court found that the Federal Magistrate's judgment was within the bounds of acceptable discretion. The court determined that the magistrate had appropriately considered the statutory provisions and related them to the facts, provided adequate reasons for the judgment, and had addressed the relevant factual matters. Consequently, the appeal was dismissed. The court also ordered the appellant to pay the costs of the first and second respondents for the appeal and any incidental costs.
The appeal was dismissed, and the appellant was ordered to pay the costs of the first and second respondents for and incidental to the appeal.
Orders
Orders of the court
1.
The appeal be dismissed.
2.
The Appellant pay the costs of the First and Second Respondent of and incidental to the appeal.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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