Sargent & Selwyn

The appeal in the matter of Sargent & Selwyn concerned a dispute over parenting orders made by the Federal Circuit Court of Australia. The father, the appellant, challenged the validity of the reasons for judgment provided for the orders, their adequacy, and the delay in providing those reasons. The court was required to determine whether the reasons for judgment were validly delivered, adequately explained the court's decision, and whether the delay in providing them constituted an error of law.

The court found that the reasons for judgment were invalid as they were delivered after the primary judge's commission had expired. The court held that the reasons were provided by someone who was no longer a judge, making them invalid. Furthermore, the reasons did not adequately explain why the mother's proposed orders were found to be in the best interests of the child as opposed to the father's proposed orders. The court held that the reasons were inadequate and did not discuss matters relevant to the issues arising under sections 60CC, 61DA, and 65DAA of the Family Law Act 1975 (Cth). The court also found that the delay of 13 months between the making of orders and the provision of reasons constituted an error of law, as the interests of justice did not require the orders to be made and the reasons to be delivered at a later time.

The court allowed the appeal and set aside the orders made on 29 June 2015 as amended on 22 July 2016. The proceedings were remitted to the Federal Circuit Court of Australia for re-hearing. The court granted the appellant a costs certificate and the respondent a costs certificate pursuant to the Federal Proceedings (Costs) Act 1981 (Cth). The court also granted each party a costs certificate for the new trial ordered. The form of the order is subject to the entry of the order in the Court’s records.