Federal Circuit and Family Court of Australia
(DIVISION 1) APPELLATE JURISDICTION
Loverdos & Bonner [2022] FedCFamC1A 174
Appeal from: Loverdos & Bonner [2022] FedCFamC2F 893 Appeal number(s): NAA 155 of 2022 File number(s): SYC 1387 of 2018 Judgment of: TREE J Date of judgment: 26 October 2022 Catchwords: FAMILY LAW – APPEAL – PARENTING – Where the father appeals from final orders permitting the mother to relocate with the children interstate – Whether the primary judge failed to consider s 65DAA of the Family Law Act 1975 (Cth) – Where the primary judge’s reasoning does not comply with the strictures of s 65DAA, particularly as raised by the evidence – Inadequacy of reasons – Where a consideration of whether either regime was in the children’s best interests and reasonably practicable was not apparent in the reasons – Where the primary judge’s rejection of the family report writer’s recommendations and evidence is not articulated – Appeal allowed – Matter remitted for rehearing – Costs certificates issued to the parties. Legislation: Family Law Act 1975 (Cth) s 65DAA Cases cited: Bonner & Loverdos (2021) FLC 94-026; [2021] FamCAFC 93
Heaton v Heaton (2012) 48 Fam LR 349; [2012] FamCAFC 139
House v The King (1936) 55 CLR 499; [1936] HCA 40
Sayer v Radcliffe (2012) 48 Fam LR 298; [2012] FamCAFC 209
Number of paragraphs: 33 Date of hearing: 18 October 2022 Place: Cairns (via video link) Counsel for the Appellant: Mr Kearney SC Solicitor for the Appellant: Marsdens Law Group Counsel for the Respondent: Mr Sansom SC Solicitor for the Respondent: Broun Abrahams Burreket ORDERS
NAA 155 of 2022
SYC 1387 of 2018FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MR LOVERDOS
Appellant
AND: MS BONNER
Respondent
order made by:
TREE J
DATE OF ORDER:
26 october 2022
THE COURT ORDERS THAT:
1.The appeal is allowed.
2.Orders 2 to 11 (both inclusive) of the Orders of the Federal Circuit and Family Court of Australia (Division 2) made on 7 July 2022 be set aside.
3.The proceedings be remitted for rehearing before a judge of the Federal Circuit and Family Court of Australia (Division 2) other than the two judges who have heard trials in the matter thus far.
4.The Court grants to the appellant a costs certificate pursuant to s 9 of the Federal Proceedings (Costs) Act 1981 (Cth) being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under that Act to the appellant in respect of the costs incurred by the appellant in relation to the appeal.
5.The Court grants to the respondent a costs certificate pursuant to s 6 of the Federal Proceedings (Costs) Act 1981 (Cth) being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under that Act to the respondent in respect of the costs incurred by the respondent in relation to the appeal.
6.The Court grants…
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