Sinnott and Firth (No. 2)

Sinnott and Firth (No. 2) involved an appeal by the appellant father against final parenting orders made in his absence at a "trial callover." The Federal Magistrate issued these orders despite the appellant's solicitor being present and indicating the appellant's wish to proceed with his application for parenting orders. The court found that the appellant was not provided with procedural fairness because the final parenting orders were made without his presence and without prior notice, and no reasons were given for the orders at the time they were made. Furthermore, the Federal Magistrate made the orders on the basis of want of prosecution, a ground none of the parties had anticipated at the "trial callover."

The court also found that the Federal Magistrate made an error of law by not considering sections 60CC and 61DA of the Family Law Act 1975 (Cth) when making the final parenting orders. The court held that the Federal Magistrate's decision to make the final parenting orders without considering these sections was a legal error. Consequently, the parenting orders were set aside. The appeal was allowed, and the final parenting orders made by the Federal Magistrate were set aside. Additionally, the court granted certificates under the Federal Proceedings (Costs) Act 1981 (Cth) to both parties for the costs incurred in relation to the appeal, and dismissed the application by the Independent Children's Lawyer for a certificate.