FAMILY COURT OF AUSTRALIA
| PANNO & PANNO | [2018] FamCAFC 195 |
| FAMILY LAW – APPEAL – CONTRAVENTION – PARENTING – VACCINATION – Where it has not been demonstrated that the parties, and in particular the appellant, have not been accorded procedural fairness or a fair trial by a failure to strictly apply r 25B.04 of the Federal Circuit Court Rules 2001 (Cth) – Where on the evidence before the trial judge there is no doubt that the appellant contravened the order and thus, there is no error in the statement made by the trial judge in that regard – Where the trial judge erred in one aspect of the reasons given for refusing to set aside the consent orders, but there was a clear basis outside that error for the trial judge to refuse to set aside the order and thus, the error cannot be a reason for allowing the appeal – Where a trial judge does not commit an appealable error per se by failing to specifically refer to the legislative pathway or by failing to specifically recite the sections of the Act – Where it can be seen from the reasons for judgment that the trial judge has adequately considered the legislative provisions relevant to the decision to be made – Where the reasons of the trial judge were adequate – Where there is no merit in any of the grounds of appeal – Appeal dismissed. FAMILY LAW – COSTS – Where the respondent has not incurred any legal costs or disbursements in responding to the appeal – No order as to costs. |
| Family Law Act 1975 (Cth) ss 60CA, 60CC, 61DA, 70NBA, Div 12A Federal Circuit Court Rules 2001 (Cth) rr 1.06, 25B.04 |
| Bennett & Bennett (1991) FLC 92-191 Caballes & Tallant (2014) FLC 93-596 Cox & Pedrana (2013) FLC 93-537 Housing Commission of New South Wales v Tatmar Pastoral Co Pty Ltd [1983] 3 NSWLR 378 Oswald & Karrington (2016) FLC 93-726 Re F: Litigants in Person Guidelines (2001) FLC 93-072 Sahari & Sahari (1976) FLC 90-086 SCVG & KLD (2014) FLC 93-582 Wen & Thom [2010] FamCAFC 81 |
| APPELLANT: | Ms Panno |
| RESPONDENT: | Mr Panno |
| FILE NUMBER: | MLC | 2247 | of | 2014 |
| APPEAL NUMBER: | SOA | 88 | of | 2017 |
| DATE DELIVERED: | 12 October 2018 |
| PLACE DELIVERED: | Adelaide |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Strickland J |
| HEARING DATE: | 11 May 2018 |
| LOWER COURT JURISDICTION: | Federal Circuit Court of Australia |
| LOWER COURT JUDGMENT DATE: | 29 November 2017 |
| LOWER COURT MNC: | [2017] FCCA 3005 |
REPRESENTATION
| COUNSEL FOR THE APPELLANT: | Dr R Smith |
| SOLICITOR FOR THE APPELLANT: | Madison Branson Lawyers |
| THE RESPONDENT | In person |
Orders
The appeal be dismissed.
There be no order as to costs.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Panno & Panno has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
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- AGLC
- Panno & Panno [2018] FamCAFC 195
- Case
- [2018] FamCAFC 195
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the appellant had been denied procedural fairness or a fair trial, whether the trial judge correctly identified a contravention of the parenting order, and whether the trial judge adequately considered the relevant legislative provisions. Additionally, the court needed to determine if the trial judge’s failure to explicitly reference certain sections of the Act or the legislative pathway amounted to an appealable error.
The court found that while there was no procedural unfairness or denial of a fair trial, the appellant indeed contravened the parenting order concerning vaccination. The trial judge’s identification of this contravention was accurate and, therefore, not an error. Furthermore, the court concluded that the trial judge's reasons for judgment sufficiently reflected an understanding of the relevant legislative provisions, despite not explicitly mentioning them. Consequently, the trial judge's decision was upheld as there was no merit in any of the grounds of appeal. The appeal was dismissed, and no order as to costs was made since the respondent did not incur any legal costs or disbursements in responding to the appeal.
Orders
Orders of the court
1.
The appeal be dismissed.
2.
There be no order as to costs.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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