Oram & Lambert

In the matter of Oram & Lambert, the appeal before the Family Court of Australia centred on the contentious issue of parenting arrangements and allegations of family violence. The primary judge had determined the best interests of the children, which were central to the dispute between the parents. This appeal arose from the parents' dissatisfaction with the primary judge's decisions regarding parenting orders and the alleged bias and prejudgment.

The legal issues encompassed whether the primary judge exhibited bias or prejudgment in her assessment of the risk posed to the children by the parties, particularly in relation to the evidence of family violence. Additionally, the court examined whether the primary judge erred in her findings of fact and whether she correctly treated the first respondent, who is not the biological father of one of the children, as a "parent" under section 60CC of the Family Law Act 1975. The adequacy of the reasons provided by the primary judge and the imposition of an order for indefinite supervised time were also scrutinized.

The court found no merit in the claims of bias or prejudgment, concluding that the primary judge had appropriately weighed the evidence, including the allegations of family violence. The court also held that the primary judge's treatment of the first respondent as a parent and the imposition of the supervised time order were not erroneous. The reasons provided by the primary judge were deemed sufficient, and the appeal was dismissed. The application to adduce further evidence was rejected as the documents sought to be introduced were inadmissible, irrelevant, or related to changed circumstances.

The final orders of the court included dismissing the appeal, denying leave to file an application to adduce further evidence, and dismissing the applications for costs by the respondent and the Independent Children’s Lawyer.