FAMILY COURT OF AUSTRALIA
| SWENSON & BRANTLEY (NO. 2) | [2020] FamCAFC 205 |
| FAMILY LAW – APPEAL – PARENTING – Where the primary judge dismissed the appellant’s application to vary final parenting orders made in 2015 – Principle in Rice and Asplund (1979) FLC 90-725 discussed – Where it was not in the child’s best interests for the parenting orders to be reconsidered – Where the primary judge’s approach was fully in accord with well-established principles – Where the primary judge considered and explained why all of the circumstances did not justify a further hearing on the parenting issues – Adequate reasons – Appeal dismissed – Appellant to pay the respondent’s costs in a fixed sum. |
| Family Law Act 1975 (Cth) s 117(2A) |
| Bennett and Bennett (1991) FLC 92-191; [1990] FamCA 148 D and Y (1995) FLC 92-581; [1995] FamCA 146 Marsden v Winch (2009) 42 Fam LR 1; [2009] FamCAFC 152 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Rice and Asplund (1979) FLC 90-725; [1978] FamCA 84 SPS and PLS (2008) FLC 93-363; [2008] FamCAFC 16 |
| APPELLANT: | Ms Swenson |
| RESPONDENT: | Mr Brantley |
| FILE NUMBER: | DGC | 2935 | of | 2018 |
| APPEAL NUMBER: | SOA | 52 | of | 2019 |
| DATE DELIVERED: | 19 August 2020 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Melbourne (via videolink) |
| JUDGMENT OF: | Ainslie-Wallace, Aldridge & Austin JJ |
| HEARING DATE: | 19 August 2020 |
| LOWER COURT JURISDICTION: | Federal Circuit Court of Australia |
| LOWER COURT JUDGMENT DATE: | 2 September 2019 |
| LOWER COURT MNC: | [2020] FCCA 2438 |
REPRESENTATION
| COUNSEL FOR THE APPELLANT: | Dr Smith with Mr Kanarev |
| SOLICITOR FOR THE APPELLANT: | Pentana Stanton Lawyers |
| COUNSEL FOR THE RESPONDENT: | Ms Vohra SC |
| SOLICITOR FOR THE RESPONDENT: | Emera Smith Family Law |
Orders made on 19 August 2020
The appeal against the orders of a judge of the Federal Circuit Court of Australia made on 29 April 2019 is dismissed.
The appellant pay the respondent’s costs of the appeal fixed in the sum of $19,124.55.
The injunction made by Strickland J on 3 July 2020 to continue until the costs order is paid in full.
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 Swenson & Brantley (No. 2) 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 or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT MELBOURNE |
Appeal Number: SOA 52 of 2019
File Number: DGC 2935 of 2018
| Ms Swenson |
Appellant
And
| Mr Brantley |
Respondent
EX TEMPORE REASONS FOR JUDGMENT
Aldridge J
Introduction
Ms Swenson (“the appellant”) filed an Amended Initiating Application on 28 February 2019 in which she sought to have the Federal Circuit…
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- AGLC
- Swenson & Brantley (No.2) [2020] FamCAFC 205
- Case
- [2020] FamCAFC 205
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the primary judge had adequately considered all the circumstances and applied the correct legal principles in dismissing the appellant's application. The court was required to determine if the primary judge had erred in law or in fact, and whether the appeal should be allowed. The court also needed to consider whether the primary judge had provided adequate reasons for their decision.
The court found that the primary judge had correctly applied the well-established principles of the law in relation to varying parenting orders. The court held that the primary judge had considered all relevant circumstances and provided adequate reasons for dismissing the appellant's application. The court found that it was not in the child's best interests to have the parenting orders reconsidered. The appeal was dismissed and the appellant was ordered to pay the respondent's costs in a fixed sum.
Orders
Orders of the court
Orders made on 19 August 2020
1. The appeal against the orders of a judge of the Federal Circuit Court of Australia made on 29 April 2019 is dismissed.
2. The appellant pay the respondent’s costs of the appeal fixed in the sum of $19,124.55.
3. The injunction made by Strickland J on 3 July 2020 to continue until the costs order is paid in full.
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 Swenson & Brantley (No. 2) 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 or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
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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