Sheldon & Weir

In the Family Court of Australia, the case of Sheldon & Weir was heard on appeal by the Full Court. The primary concern was the relocation of a child to Ireland, with the appellant asserting that it was in the child's best interest to remain in Australia. The appellant also claimed that the trial judge may have been biased against him due to his Aboriginality, although this specific allegation of bias was not explicitly raised in the grounds of appeal.

The court was tasked with determining whether the trial judge had erred in her findings of fact, whether there was any bias on her part, and whether the appellant's claims warranted the allowance of additional evidence. The Full Court found that the appellant had not demonstrated any grounds for appeal, including the assertion of bias or the contention that the trial judge lacked empathy or appreciation for Aboriginal cultural issues. Furthermore, the court determined that the trial judge's findings regarding the child's best interests were reasonably open to her based on the evidence presented.

The Full Court dismissed the appeal and the application for leave to adduce further evidence, concluding that there was no justification for awarding costs in light of the unsuccessful nature of the appeals. The court's decision was final, with no further orders for costs of the appeal or the application for leave to adduce further evidence.