Murray & Murray

Murray & Murray concerned appeals from decisions of a Family Court judge. The primary appeal related to an application for contempt, where the appellant failed to appear at the first instance hearing. The trial judge had dismissed the application, finding there was a reasonable explanation for the appellant's absence and that denying natural justice would occur if the application proceeded. A separate appeal concerned the dismissal of an Independent Children's Lawyer, which the appellant argued was a discretionary decision that had been wrongly exercised. Finally, the appellant sought a costs certificate.

The Full Court was required to determine whether the trial judge erred in dismissing the contempt application, particularly in light of the appellant's failure to appear and the potential denial of natural justice. The court also had to consider whether the trial judge had properly exercised their discretion in dismissing the Independent Children's Lawyer. Finally, the court needed to assess whether the appellant, having been successful on a question of law, was entitled to a costs certificate.

On the contempt appeal, the Full Court found that the trial judge had correctly identified that a failure to appear, if without reasonable excuse, could constitute a contravention of a court order. However, the court agreed with the trial judge that in the specific circumstances, there was a reasonable explanation for the appellant's absence, and proceeding with the contempt application would have denied the appellant natural justice. The appeal concerning the Independent Children's Lawyer was dismissed, with the Full Court concluding that the trial judge's reasons for dismissal were open to them and that the discretionary decision had been properly exercised. The appellant was granted permission to apply for a certificate under s 9 of the *Federal Proceedings (Costs) Act 1981* due to their success on a question of law.