FAMILY COURT OF AUSTRALIA
| KOVACS & GRAHAM (NO. 2) | [2017] FamCAFC 249 |
| FAMILY LAW – APPEAL – PARENTING – Final orders – Whether the primary judge failed to take relevant matters into account – Challenges as to the weight given to the evidence – Procedural fairness – Bias – No appealable error established – Appeals dismissed. FAMILY LAW – APPEAL – PARENTING – Interim orders – Where leave to appeal is required against certain interim orders – Where the appeals lack utility and are vexatious and oppressive – Leave to appeal refused. |
| Family Law Act 1975 (Cth) s 102QB Family Law Rules 2004 (Cth) r 17.02(1)(a) |
| Allesch v Maunz (2000) 203 CLR 172 Barbey & Tuttle (2013) FLC 93-534 Buljubasic v Buljubasic (1999) FLC 92-865 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Graham & Kovacs (No 4) [2015] FamCA 1073 Graham & Kovacs (No 5) [2015] FamCA 1115 Graham & Kovacs [2016] FamCA 281 Gronow & Gronow (1979) 144 CLR 513 House v The King (1936) 55 CLR 499 Kovacs & Graham [2015] FamCAFC 98 Kovacs & Graham [2017] FamCAFC 173 McMahon and McMahon (1976) FLC 90-128 Robinson Helicopter Company Incorporated v McDermott (2016) 331 ALR 550 Talbot & Talbot (2015) FLC 93-660 Taylor v Taylor (1979) 143 CLR 1 Vakauta v Kelly (1989) 167 CLR 568 Whisprun Pty Ltd v Dixon (2003) 200 ALR 447 |
| APPELLANT: | Mr Kovacs |
| RESPONDENT: | Ms Graham |
| INDEPENDENT CHILDREN’S LAWYER: | Susan Gray |
| FILE NUMBER: | CSC | 762 | of | 2010 |
| APPEAL NUMBERS: | NA | 62 | of | 2015 |
| NA | 87 | of | 2015 | |
| NA | 4 | of | 2016 | |
| NA | 14 | of | 2016 | |
| NA | 15 | of | 2016 |
| DATE DELIVERED: | 24 November 2017 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Strickland, Aldridge & Forrest JJ |
| HEARING DATE: | 23 August 2017 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT ORDERS MADE: | 13 August 2015 29 October 2015 |
| LOWER COURT MNC: | [2015] FamCA 900 [2015] FamCA 1073 [2015] FamCA 1115 [2016] FamCA 281 |
REPRESENTATION
| THE APPELLANT: | In person |
| THE RESPONDENT: | In person |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Ms McArdle |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Susan Gray |
Orders
Appeals NA 62 of 2015, NA 87 of 2015 and NA 4 of 2016 be dismissed.
The applications for leave to appeal in Appeals NA 14 of 2016 and NA 15 of 2016 be dismissed.
There be no order as to costs.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Kovacs & Graham (No. 2) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules
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- AGLC
- Kovacs and Graham (No 2) [2017] FamCAFC 249
- Case
- [2017] FamCAFC 249
- Decision Date
CaseChat Overview and Summary
The court examined whether the primary judge had made any errors in the consideration of evidence or procedural fairness, and whether the applicants had established any grounds for appeal. The applicants contended that the primary judge had not adequately considered their evidence and had given insufficient weight to certain factors. They also argued that the primary judge was biased against them. The court found that no appealable error had been established in the final orders, and that the applicants had not demonstrated any grounds for appeal in relation to the interim orders. The court also found that the appeals in relation to the interim orders lacked utility and were vexatious and oppressive.
The court dismissed the appeals concerning the final orders, as no appealable error had been established. The court also dismissed the applications for leave to appeal in relation to the interim orders, finding that they lacked utility and were vexatious and oppressive. The court made no order as to costs. The appeals were dismissed, and the orders of the primary judge were upheld.
Orders
Orders of the court
1.
Appeals NA 62 of 2015, NA 87 of 2015 and NA 4 of 2016 be dismissed.
2.
The applications for leave to appeal in Appeals NA 14 of 2016 and NA 15 of 2016 be dismissed.
3.
There be no order as to costs.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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