Lokare & Baum

The matter of Lokare & Baum involved an appeal against interim parenting orders that were made by Rees J on 5 June 2015. The appeal concerned the exercise of discretion in making those orders and the weight given to various factors. The appeal was primarily concerned with whether the trial judge adequately considered section 61F of the Family Law Act 1975 (Cth), particularly in the context of the benefit to the child of maintaining a connection with her Aboriginal culture. The father argued that this factor was not properly balanced against other considerations, such as the child's age and practical issues. The trial judge also declined to order a Family Report at the interim stage, which the father argued was a significant oversight.

The court examined the trial judge's exercise of discretion and whether it was open to the trial judge to make the orders in question, given the evidence presented. The court found that the trial judge had considered the relevant factors, including the benefit of the child having a connection with her Aboriginal culture, and balanced these against other considerations. The court held that the orders were within the range of reasonable outcomes and that there was no error in the exercise of discretion by the trial judge. Consequently, the appeal was dismissed.

In addition to dismissing the appeal, the court addressed the costs associated with the appeal. Given that the appeal was wholly unsuccessful, the father was ordered to pay the mother's costs of and associated with the appeal, to be agreed or assessed within forty-two days. The father was also ordered to pay the Independent Children's Lawyer's costs of the appeal in the sum of $4,356, to be paid within forty-two days of the orders. The form of the order is subject to the entry of the order in the Court’s records.