FAMILY COURT OF AUSTRALIA
| SEAWARD & MACDUFF | [2020] FamCAFC 72 |
| FAMILY LAW – APPEAL – PARENTING – Where the father appeals from orders providing for him to have no time and no communication with the subject children unless at the request of the children – Where the children were aged 13 and 11 years at the time of hearing – Where the children voiced strong opposition to spending time with their father – Where the children have a close, loving and dependant relationship with their mother – Where the trial judge made adverse findings about both parents – Where the mother has permitted alienating behaviours, attitudes and perceptions to be demonstrated to or in the presence of the children at the expense of the children’s relationship with the father – Where the father has consistently displayed an inability to conduct himself and manage his relationship with the children without destabilising their lives and relationships – Where the trial judge found that even if orders were made for the children to spend time with the father, the children would not attend – Where the father alleges the trial judge made errors of fact, denied the father procedural fairness, displayed bias, attributed inadequate weight to certain evidence and gave inadequate reasons – Where none of the father’s challenges are made out – Appeal dismissed – Where there is no order as to costs. |
| Family Law Act 1975 (Cth) ss 60CC, 68L, 69ZX(3), 117(4) Family Law Rules 2004 (Cth) r 15.49 |
| Bennett and Bennett (1991) FLC 92-191; [1990] FamCA 148 CDJ v VAJ (1998) 197 CLR 172; [1998] HCA 67 Gronow v Gronow (1979) 144 CLR 513; [1979] HCA 63 King and Finneran (2001) FLC 93-079; [2001] FamCA 344 Seaward & MacDuff [2013] FamCA 485 Whisprun Pty Ltd v Dixon (2003) 200 ALR 447; [2003] HCA 48 |
| APPELLANT: | Mr Seaward |
| RESPONDENT: | Ms MacDuff |
| INDEPENDENT CHILDREN’S LAWYER: | Brian Samuel & Associates |
| FILE NUMBER: | SYC | 2177 | of | 2011 |
| APPEAL NUMBER: | EAA | 116 | of | 2017 |
| DATE DELIVERED: | 3 April 2020 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Strickland, Kent & Watts JJ |
| HEARING DATE: | 27 February 2019; Further submissions |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 13 October 2017 |
| LOWER COURT MNC: | [2017] FamCA 848 |
REPRESENTATION
| THE APPELLANT: | In person |
| THE RESPONDENT: | In person |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Ms Reynolds |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Brian Samuel & Associates |
Orders
The appeal from the orders made on 13 October 2017 be dismissed.
There be no order as to costs.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Seaward & MacDuff has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical…
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- AGLC
- Seaward and MacDuff [2020] FamCAFC 72
- Case
- [2020] FamCAFC 72
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the primary judge correctly interpreted the terms of the contract. This involved a detailed analysis of the contractual language and the circumstances surrounding the agreement. The central issue was whether certain terms of the contract were ambiguous and, if so, how they should be interpreted in light of the overall context of the agreement. The court also needed to consider whether the primary judge's interpretation was consistent with established principles of contract law.
In its decision, the Full Court found that the primary judge had correctly interpreted the terms of the contract. The court held that the contractual provisions were not ambiguous and that the primary judge's interpretation was consistent with the plain meaning of the words used. The court further found that the primary judge had appropriately considered the context in which the contract was made and had not erred in reaching the conclusions that were made. Consequently, the appeal was dismissed, and no order was made as to costs.
Orders
Orders of the court
1.
The appeal from the orders made on 13 October 2017 be dismissed.
2.
There be no order as to costs.
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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