Maddax & Danner

In the matter of Maddax & Danner, the father appealed against the final parenting orders which permitted the mother to move with the child approximately 30 kilometres. The father's grounds for appeal included allegations of errors in fact finding by the primary judge, the treatment of the family report writer's evidence, and the competency of his representation during the trial. The appeal was further complicated by the father's application for interim parenting orders, which was dismissed by the primary judge as an abuse of process. Additionally, the father sought to introduce new evidence in the appeal, which had not been relied upon at the hearing.

The court examined the father's claims of error in fact finding and the treatment of evidence, applying the principles from OP v TP & Anor (Conduct of Counsel). The court also considered the father's assertion that his representation was inadequate, potentially leading to a miscarriage of justice. The appeal was dismissed, and the application for interim parenting orders was also dismissed. The court allowed part of the application in an appeal to admit certain documents into evidence, but only by consent of the parties.

In dismissing the appeal, the court found no basis for the father's claims of procedural unfairness or misapplication of the law by the primary judge. The interim application was deemed an abuse of process. Regarding costs, the mother sought an indemnity basis for costs, referencing an offer to settle. The court ordered both parties to file written submissions on the question of costs within specified timeframes, and further provided for a response and any reply submissions.

The orders included the allowance of certain documents in the appeal, the dismissal of both appeals, and the directive for written submissions on costs. The form of the order was subject to formal entry into the Court’s records.