Lindsay & Baker

The appeal concerned allegations of child sexual abuse and the approach taken by a Family Court judge to the risk of such abuse. The mother sought supervision orders. The Full Court of the Family Court of Australia heard the appeal and a cross-appeal.

The primary legal issues before the Full Court were whether the trial judge erred in their assessment of the unacceptable risk of child sexual abuse, and whether the mother's application for supervision orders was correctly determined. The Full Court also considered an application by the mother to adduce further evidence on appeal.

The Full Court dismissed the mother's application to adduce further evidence. In relation to the substantive appeal, the Court found no error in the trial judge's approach to assessing the unacceptable risk of abuse. The Court affirmed the principles governing such assessments in family law proceedings, emphasising the paramountcy of the child's welfare and best interests.

Consequently, the Full Court ordered that the appeal be dismissed and the cross-appeal be dismissed. There were no orders as to costs.