Leighton & Carey

In the appeal of Leighton & Carey, the Full Court of the Family Court of Australia was called upon to review a decision made by a trial judge in a family law matter concerning allegations of child abuse. The trial judge found that the child had been abused and, through a process of elimination, concluded that the father was the only adult with the opportunity to engage in such behaviour. The father contested the decision on appeal, arguing that the finding was inconsistent with the evidence presented, particularly given the child's interactions with other adults, such as the maternal grandmother's partner and the mother's new partner.

The legal issues before the court involved the correctness of the trial judge's findings regarding the abuse and the potential unfairness of the trial process. The father contended that the trial judge had misdirected himself by focusing on the personalities involved rather than the evidence. Additionally, the father claimed that the conduct of the trial and his representative's conduct led to an unfair trial or result. The court, however, found that the father's grounds for appeal were not persuasive and that the trial judge had not focussed on personalities but rather on the evidence before him.

The Full Court allowed the appeal on the basis that the finding of abuse was inconsistent with the evidence. This finding was fundamental to the trial judge's entire decision. Consequently, the matter was remitted for re-hearing in the Family Court of Australia at Brisbane. Additionally, the court granted costs certificates to the respondent and the Independent Children's Lawyer in accordance with the Federal Proceedings (Costs) Act 1981, as the appeal had succeeded on an error of law.