Manifold & Alderton

The case involves an appeal by the father, Mr Manifold, against the parenting and property settlement orders made by the Federal Circuit Court of Australia in relation to his former de facto relationship with Ms Alderton. The dispute arose following the end of their relationship in 2012 and the subsequent proceedings that commenced in November 2012, with the final hearing occurring in September 2013. However, the judgment and final orders were not delivered until September 2020, a delay of seven years. The father contended that this delay impaired the primary judge's capacity to properly assess the evidence and make necessary findings. The legal issues that the court had to decide included whether the delay in delivering the judgment affected the primary judge's decision-making process, whether the reasons for judgment failed to engage with the father's case and overlooked many aspects of the evidence, and whether the court provided adequate reasons for rejecting the recommendations of the family consultant and discounting her evidence. The court found merit in the grounds of appeal and allowed the appeals, setting aside the parenting and property settlement orders. The court also remitted the proceedings for rehearing by a different judge and granted costs certificates to both parties for the appeal and rehearing.