WHITBY & ZELLER

The appeal in question involved the parties from a family law matter, with the father seeking to appeal certain orders made by the court. The dispute arose out of a decision made in 2014 where the trial judge had ordered the re-introduction of the father to the child. This decision was subsequently affirmed by the Full Court in the case of Whitby & Zeller (No 2) [2014] FamCAFC 239. The orders currently under appeal were made to facilitate the 2014 orders and the father argued that there had been an appealable error in their making.

The legal issues before the court were primarily concerned with whether the trial judge had made an error in law or otherwise in making the orders, and whether these orders were appropriate in the circumstances. The court had to consider whether the father had demonstrated any appealable error in the making of these orders, particularly given that they were made to facilitate the 2014 orders which had already been affirmed by the Full Court. The court also had to consider the costs implications of the appeal, given that the father's appeal was wholly unsuccessful.

The court found that no appealable error had been demonstrated by the father in relation to the orders under appeal. The court held that the orders were appropriate in the circumstances, particularly given that they were made to facilitate the 2014 orders which had already been affirmed. The court also found that the appeal was wholly without merit and that the father should be liable for the costs of the appeal. The appeal was therefore dismissed and costs orders were made against the father.

In summary, the court found that the father had failed to demonstrate any appealable error in the making of the orders under appeal, and that the orders were appropriate in the circumstances. The appeal was dismissed and costs orders were made against the father.