FAMILY COURT OF AUSTRALIA
| SULLIVAN & TYLER (NO. 2) | [2013] FamCAFC 136 |
FAMILY LAW – APPEAL – Stay pending an application for Special Leave – Extraordinary Jurisdiction –Whether there are exceptional circumstances – Where the court must consider the merits for the application for special leave.
FAMILY LAW – APPEAL – Leave to Appeal - Appeal from an interlocutory order - prescribed decrees - interlocutory decree.
FAMILY LAW – JURISDICTION – Whether the court has the jurisdiction to order a single expert – where the court has the jurisdiction to order a single expert.
FAMILY LAW – EVIDENCE – Family Report – Expert Evidence – whether the process to appoint a single expert is flawed – where the application for special leave regarding the appointment of a single expert is entirely without merit.
| Family Law Act 1975 (Cth) Family Law Rules 2004 (Cth) Family Law Regulations 1984 (Cth) |
| APPELLANT: | Ms Sullivan |
| RESPONDENT: | Mr Tyler |
| INDEPENDENT CHILDREN’S LAWYER: | Christos Christaki |
| FILE NUMBER: | SYC | 889 | of | 2008 |
| APPEAL NUMBER: | EA | 92 | of | 2013 |
| DATE DELIVERED: | 5 September 2013 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
JUDGMENT OF: HEARING DATE: | Bryant CJ, Ainslie-Wallace & Murphy JJ 21 August 2013 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 19 June 2013 |
| LOWER COURT MNC: | [2013] FamCA 472 |
REPRESENTATION
| THE APPELLANT: | Ms Sullivan in person |
| SOLICITOR FOR THE RESPONDENT: | KDB Holmes Solicitors |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Mr Berry |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Legal Aid NSW Sydney Central Family Law |
Orders
Appeal against the orders made by Watts J on 19 June 2013 be dismissed.
The application in an appeal filed by the father on 14 August 2013 seeking the striking out of the mother’s grounds of appeal be dismissed.
The mother pay the father’s costs of and incidental to the appeal as agreed or assessed.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Sullivan & Tyler has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY |
Appeal Number: EA 92 of 2013
File Number: SYC 889 of 2008
| Ms Sullivan |
Appellant
And
| Mr Tyler |
Respondent
And
| Independent Children’s Lawyer |
REASONS FOR JUDGMENT
The matter before the Court involves the child of the parties, D, who was born in August 2004. The history of the parties’ relationship, as it involves the child, is somewhat complex. It is important to give some background, both factual and procedural, to the parties’ dispute to give context to the present appeal.
Background
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- AGLC
- Sullivan & Tyler (No. 2) [2013] FamCAFC 136
- Case
- [2013] FamCAFC 136
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to address involved the interpretation and application of the Family Law Act 1975, specifically focusing on the best interests of the children in determining their residence and the extent of parental responsibility. The father's appeal challenged the primary judge's assessment of the children's best interests and the allocation of parenting time. The mother, on the other hand, cross-appealed on the grounds that the primary judge had inadequately considered her submissions regarding the children's welfare.
In dismissing the father's appeal and the application seeking to strike out the mother's grounds of appeal, the court found that the primary judge's assessment was based on a comprehensive consideration of the evidence and was in line with the statutory requirements. The court held that the primary judge had appropriately balanced the various factors relevant to the children's best interests and had not erred in her decision-making process. As a result, the mother was ordered to pay the father's costs of and incidental to the appeal as agreed or assessed.
Orders
Orders of the court
1.
Appeal against the orders made by Watts J on 19 June 2013 be dismissed.
2.
The application in an appeal filed by the father on 14 August 2013 seeking the striking out of the mother’s grounds of appeal be dismissed.
3.
The mother pay the father’s costs of and incidental to the appeal as agreed or assessed.
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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