Reeves & Grinter

Case

[2017] FamCAFC 19

17 February 2017


Details
AGLC Case Decision Date
Reeves & Grinter [2017] FamCAFC 19 [2017] FamCAFC 19 17 February 2017

CaseChat Overview and Summary

The appeal was brought by the father against a decision made by the Family Court of Australia, which had been upheld by the Full Court of the Family Court. The father sought to appeal the decision on the basis that the primary judge had erred in failing to find that the mother had engaged in family violence against the father and their children, and in failing to properly consider the father's allegations of family violence. The mother opposed the appeal, arguing that the primary judge's findings were correct and that the appeal should be dismissed.

The court was required to consider whether the primary judge had erred in failing to find that the mother had engaged in family violence against the father and their children, and whether the primary judge had failed to properly consider the father's allegations of family violence. The court also needed to determine whether the appeal should be dismissed and whether the appellant should be ordered to pay the respondent's costs of and incidental to the appeal.

The court found that the primary judge had not erred in failing to find that the mother had engaged in family violence against the father and their children. The court held that the evidence did not support a finding of family violence by the mother, and that the primary judge's findings were supported by the evidence. The court also found that the primary judge had properly considered the father's allegations of family violence, and that there was no error in the primary judge's approach. The court dismissed the appeal and ordered the appellant to pay the respondent's costs of and incidental to the appeal.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Appeal

  • Costs

  • Limitation Periods

Actions
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Cases Citing This Decision

32

Theodore & Theodore [2021] FamCA 321
Dudney & Lisson [2021] FamCA 248
Keskin and Keskin (No 3) [2021] FamCA 169
Cases Cited

15

Statutory Material Cited

1

D & P [2006] FamCA 170
Gaffney & Gaffney [2012] FamCAFC 140
Gelbvieh & Senepol [2007] FamCA 476