Nuan & Lei

The appeal, heard by the Federal Circuit and Family Court of Australia's appellate division, involved a dispute between Mr Nuan and Ms Lei regarding the final parenting orders for their children. Mr Nuan, the appellant, contested the decision made by the primary judge concerning the procedural fairness during the trial, the assessment of an unacceptable risk in the children spending unsupervised time with him, the appropriateness of long-term supervision, and whether the primary judge considered the possibility of the respondent removing the children to Country E. Ms Lei, the respondent, sought to uphold the primary judge’s findings and orders.

The court examined whether the primary judge’s involvement in cross-examination constituted procedural unfairness, noting that while some interventions could be seen as the judge moving into counsel’s role, the appellant was still able to present all desired evidence and counsel was permitted to make submissions. The court found that the primary judge’s actions did not deny the appellant a fair trial or result in a miscarriage of justice. Regarding the unacceptable risk finding, the court upheld the primary judge’s conclusion based on uncontroversial evidence of the appellant’s threatening and abusive conduct, despite unsatisfactory evidence regarding the recurrence of such conduct. The court also determined that the primary judge was justified in ordering indefinite supervision given the circumstances. Lastly, the court found no error in the primary judge’s consideration of the respondent’s potential relocation of the children, as the evidence did not establish a significant risk of such an action.

The appeal was dismissed, and no order was made as to costs. The primary judge’s decisions on procedural fairness, unacceptable risk, and long-term supervision were affirmed, and the concerns about the respondent's potential relocation were found to be unfounded. The court's order reflects a comprehensive review of the primary judge’s findings, maintaining the integrity of the family law proceedings while ensuring the children's welfare remains paramount.