SANDER & SANDER

Sander & Sander concerned an appeal to the Supreme Court of New South Wales from a decision of a Court of Summary Jurisdiction regarding children. The father alleged that the child was exposed to neglect, family violence, and sexual abuse while in the mother's care.

The primary legal issues before the Court were whether the lower court had erred in making findings of fact in an interim hearing, particularly in relation to the father's allegations, and whether the presumption of equal shared parental responsibility had been correctly applied. The Court also considered whether the presumption of equal or substantial and significant time with both parents was practicable given the distance between the parents' households.

Austin J held that in an interim hearing, findings of fact should only be made based on uncontentious evidence or reasonable inferences. The Court found that there was inadequate uncontentious evidence and inferences to corroborate the father's serious allegations. Consequently, the presumption of equal shared parental responsibility applied. However, the Court also determined that the geographical distance between the parents' residences made equal or substantial and significant time with both parents impracticable.

The appeal was allowed, and the matter was remitted to the Court of Summary Jurisdiction for further hearing.