Roberts & Roberts

Roberts & Roberts concerned an appeal to the Federal Court of Australia against orders made by a Federal Magistrate. The dispute involved children and the circumstances surrounding an injunction granted by the Federal Magistrate, which was not sought in the original application. Orders relating to the child travelling overseas had been agreed by consent.

The primary legal issue before May J was whether the Federal Magistrate had denied the appellant natural justice by making an injunction that was not sought by the parties. The court was also required to consider the implications of the consent orders regarding overseas travel for the child.

May J found that the Federal Magistrate had indeed denied the appellant natural justice by making an injunction that was not sought in the application before the court. This failure to provide the parties with an opportunity to be heard on the proposed injunction constituted a fundamental breach of procedural fairness. Consequently, the injunction order was set aside. The appeal was allowed in part, with the consent orders regarding overseas travel being upheld. The court also addressed the matter of costs, noting that costs certificates had been granted to both the appellant and the respondent under the Federal Proceedings (Costs) Act 1981.