Polanski & Polanski

In *Polanski & Polanski*, Thackray J of the Family Court of Australia considered an appeal from interim parenting orders made by a Family Law Magistrate. The appeal concerned the Magistrate's exercise of discretion in making those orders. An application was also made to adduce fresh evidence on appeal.

The primary legal issues before Thackray J were whether the Magistrate had erred in the exercise of her discretion when making the interim parenting orders, and whether the fresh evidence sought to be adduced on appeal should be admitted.

Thackray J determined that the appeal should be dismissed. His Honour found that the Magistrate's decision involved matters of weight and discretion, and that the evidence before the Magistrate did not demonstrate that her decision was erroneous. Furthermore, the application to adduce fresh evidence was dismissed on the basis that the proposed evidence would not have demonstrated that the original order was erroneous.

Consequently, the appeal was dismissed, and the application to adduce fresh evidence was refused.