FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Pascoe & Larsen (No 4) [2023] FedCFamC1A 127
Appeal from: Pascoe & Larsen [2023] FedCFamC2F 392 Appeal number(s): NAA 64 of 2023 File number(s): WOC 655 of 2021 Judgment of: ALDRIDGE J Date of judgment: 9 August 2023 Catchwords: FAMILY LAW – APPEAL – PARENTING – Where the application before the primary judge was brought on urgently for hearing because the child faced medical and dental treatment about which the parties could not agree – Where the primary judge ordered the mother to have sole parental responsibility for the child’s health and medical treatments and for the appellant to pay her costs of the application – Procedural fairness – Allegations of actual and apprehended bias – Challenges to factual findings – Whether the orders are in the best interests of the child – No error established – Appeal dismissed – Appellant to pay the costs of the respondent in a fixed sum. Legislation: Family Law Act 1975 (Cth) Pt VII, Div 12A, ss 69ZN, 117(2A) Cases cited: Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd (2006) 229 CLR 577; [2006] HCA 55
Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63
Elias & Elias (No. 2) [2019] FamCAFC 92
Forster & Forster [2016] FamCAFC 143
Galea v Galea (1990) 19 NSWLR 263
Huda & Huda and Laham (2018) FLC 93-837; [2018] FamCAFC 85
Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48
Lenova & Lenova (Costs) [2011] FamCAFC 141
Mallory & Mallory [2020] FamCAFC 62
Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427; [2011] HCA 48
Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507; [2001] HCA 17
Northern Territory v Sangare (2019) 265 CLR 164; [2019] HCA 25
Re F: Litigants in Person Guidelines (2001) FLC 93-072; [2001] FamCA 348
Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98
Royal Guardian Mortgage Management Pty Ltd v Nguyen (2016) 332 ALR 128; [2016] NSWCA 88
Number of paragraphs: 88 Date of hearing: 14 July 2023 Place: Sydney Counsel for the Appellant: Litigant in person Counsel for the Respondent: Ms Kennedy Solicitor for the Respondent: Broun Abrahams Burreket Solicitor for the Independent Children’s Lawyer: Venus & Smart ORDERS
NAA 64 of 2023
WOC 655 of 2021FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MR PASCOE
Appellant
AND: MS LARSEN
Respondent
INDEPENDENT CHILDREN’S LAWYER
order made by:
ALDRIDGE J
DATE OF ORDER:
9 august 2023
THE COURT ORDERS THAT:
1.The appeal is dismissed.
2.The appellant pay the respondent’s costs fixed in the sum of $9,900.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)),…
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- AGLC
- Pascoe & Larsen (No 4) [2023] FedCFamC1A 127
- Case
- [2023] FedCFamC1A 127
- Decision Date
CaseChat Overview and Summary
The court examined the father's contentions regarding procedural unfairness and bias. It found that there was no procedural unfairness as the primary judge had read the evidence and was asking the parties to articulate their cases. The court also found that the primary judge was not biased in his approach to the father, as he had considered and evaluated the evidence and formed a view based on it.
The court also dismissed the father's challenge to factual findings, stating that questions asked during submissions are not findings of fact. The court further found that the orders were in the child's best interests and that the primary judge's costs order was not unreasonable or plainly wrong.
As the appeal was wholly unsuccessful, the court ordered that the father pay the mother's costs fixed in the sum of $9,900. The court certified that the preceding 88 numbered paragraphs were a true copy of the Reasons for Judgment of the Honourable Justice Aldridge.
Orders
Orders of the court
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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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