FAMILY COURT OF AUSTRALIA
| RODELGO & BLAINE | [2019] FamCAFC 73 |
| FAMILY LAW – APPEAL – PARENTING – Where the trial judge conducted a discrete trial, as a separate issue or matter within the meaning of Division 12A of Part VII of the Family Law Act 1975 (Cth), of the issue as to whether the children were at risk of harm from either parent – Where the experts in the case were not cross-examined at trial pursuant to directions made by the trial judge – Where the trial judge made findings of fact following the conclusion of the trial and sought submissions from the parties as to the utility of any further hearing, or whether the Court should proceed to make final orders – Where the Independent Children’s Lawyer and the mother sought that the trial judge make final parenting orders – Where the father opposed the making of final orders and sought a further hearing – Where the trial judge made final parenting orders – Where no substantial injustice was occasioned to the father in the procedures the trial judge adopted – Where there was otherwise no substance in the complaints raised by the father on appeal – Appeal dismissed – No order as to costs. |
| Crimes (Domestic and Personal Violence) Act 2007 (NSW) Family Law Rules 2004 (Cth) r 22.39 |
| Abalos v Australian Postal Commission (1990) 171 CLR 167; [1990] HCA 47 B & J [2009] FamCAFC 103 Banks & Banks (2015) FLC 93-637; [2015] FamCAFC 36 CDJ v VAJ (1998) 197 CLR 172; [1998] HCA 67 Cooke & Morton (2018) FLC 93-820; [2018] FamCAFC 9 De Winter and De Winter (1979) FLC 90-605 Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48 Mims & Green and Green (2008) FLC 93-359; [2008] FamCAFC 13 SCVG & KLD (2014) FLC 93-582; [2014] FamCAFC 42 Schorel and Schorel (1990) FLC 92-144; [1990] FamCA 58 Vakauta v Kelly (1989) 167 CLR 568; [1989] HCA 44 Warren v Coombes (1979) 142 CLR 531; [1979] HCA 9 |
| APPELLANT: | Mr Rodelgo |
| RESPONDENT: | Ms Blaine |
| FILE NUMBER: | LEC | 271 | of | 2015 |
| APPEAL NUMBER: | NOA | 40 | of | 2017 |
| DATE DELIVERED: | 26 April 2019 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Strickland, Kent & Hogan JJ |
| HEARING DATE: | 15 May 2018 |
| LOWER COURT JURISDICTION: | Federal Circuit Court of Australia |
| LOWER COURT JUDGMENT DATE: | 20 July 2017 |
| LOWER COURT MNC: | [2017] FCCA 1672 |
REPRESENTATION
| THE APPELLANT: | In person |
| COUNSEL FOR THE RESPONDENT: | Ms Horsley |
| SOLICITOR FOR THE RESPONDENT: | O’Reilly & Sochacki Lawyers |
Orders
The mother have leave to rely on her Summary of Argument filed on 17 April 2018.
The father’s oral application to adduce further evidence on appeal be dismissed.
The father’s appeal from the orders made in the Federal Circuit Court of Australia on 20 July 2017 be dismissed.
There be no order as to costs of this appeal.
Note: The form of the order is subject to the…
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- AGLC
- Rodelgo and Blaine [2019] FamCAFC 73
- Case
- [2019] FamCAFC 73
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the appeal should be allowed, and if so, on what basis. The court had to consider whether the lower court's decision was correct and whether there were any errors in law or procedure that warranted a reversal of the orders. The father argued that the lower court had made errors in its assessment of the children's best interests, while the mother maintained that the lower court's decision was correct and should be upheld.
In its judgment, the court found that there were no errors in law or procedure that warranted a reversal of the lower court's orders. The court found that the lower court had correctly assessed the children's best interests and that the father had not demonstrated any errors that would warrant the appeal being allowed. The court also found that the father's application to adduce further evidence was without merit and dismissed the application. The court held that the mother should be allowed to rely on her Summary of Argument filed on 17 April 2018, and dismissed the father's appeal from the orders made in the Federal Circuit Court of Australia on 20 July 2017. There was no order as to costs of this appeal.
Orders
Orders of the court
1.
The mother have leave to rely on her Summary of Argument filed on 17 April 2018.
2.
The father’s oral application to adduce further evidence on appeal be dismissed.
3.
The father’s appeal from the orders made in the Federal Circuit Court of Australia on 20 July 2017 be dismissed.
4.
There be no order as to costs of this appeal.
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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