Trebiano and Trebiano

In the case of Trebiano and Trebiano, the Court of Appeal was asked to review a decision made by a Family Court judge on 18 May 2018. The primary dispute involved issues concerning the care, custody, and control of a child, which had been previously determined by the Family Court. The appeal was brought before the Court of Appeal by the father, challenging the decisions made by the primary judge.

The legal issues before the Court of Appeal revolved around whether the primary judge had properly exercised their discretion in making the orders concerning the child. The Court had to consider whether the judge had taken into account all relevant factors, whether the orders were in the best interests of the child, and whether the decision-making process was fair and just.

The Court of Appeal found that the primary judge had not appropriately exercised their discretion in making the orders, as there were significant errors in the evaluation of evidence and in the application of relevant legal principles. The Court concluded that the appeal should be allowed and that the orders of the primary judge should be set aside. Consequently, the matter was remitted to the Family Court of Australia for rehearing by a different judge. The Court also directed that any submissions on costs and responses to those submissions be filed and served within specified timeframes.

The final orders of the Court of Appeal included allowing the appeal, setting aside the primary judge's orders, remitting the matter to the Family Court for rehearing, and setting timeframes for the submission and response of any costs-related submissions. The form of the orders was subject to formal entry in the Court’s records.