Zahawi & Rayne

Case [2016] FamCAFC 90


FAMILY COURT OF AUSTRALIA

ZAHAWI & RAYNE [2016] FamCAFC 90
FAMILY LAW – APPEAL – CHILDREN – INTERNATIONAL RELOCATION – where the father seeks to relocate the children to Dubai – where the father was the “unchallenged custodian” of the children – where the trial judge found that a move to Dubai would deprive the children of developing a strong relationship with the mother – where the trial judge found that the mother was unable to visit the children in Dubai and that there was no guarantee that any Australian orders could be enforced in Dubai – whether the trial judge examined the relevant s 60CC considerations – whether the trial judge failed to consider a relevant consideration – whether the appellant was afforded procedural fairness – where no error established – appeal dismissed – each party bear their own costs.
Family Law Act 1975 (Cth) s 60CC
AMS v AIF (1999) 199 CLR 160

F & B [2000] FamCA 676
J & B [2005] FamCA 1154
Nash v Nash [1973] 2 All ER 704
Poel v Poel [1970] 1 WLR 1469
Tyler v Tyler [1989] 2 FLR (UK) 158
U v U (2002) 211 CLR 238

APPELLANT: Mr Zahawi
RESPONDENT: Ms Rayne
INDEPENDENT CHILDREN’S LAWYER: Ms Ebejer
FILE NUMBER: MLC 8142 of 2012
APPEAL NUMBER: SOA 77 of 2015
DATE DELIVERED: 3 June 2016
PLACE DELIVERED: Brisbane
PLACE HEARD: Melbourne
JUDGMENT OF: Thackray, Murphy & Austin JJ
HEARING DATE: 11 May 2016
LOWER COURT JURISDICTION: Family Court of Australia
LOWER COURT JUDGMENT DATE: 13 November 2015
LOWER COURT MNC: [2015] FamCA 1003

REPRESENTATION

COUNSEL FOR THE APPELLANT: Mr Hutchins
SOLICITOR FOR THE APPELLANT: Lander & Rogers
SOLICITOR FOR THE RESPONDENT: Allan McMonnies
SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: No Appearance

Orders

  1. The appeal be dismissed.

  2. Each party bear their own costs of and incidental to the appeal.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Zahawi & Rayne 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 MELBOURNE

Appeal Number: SOA 77 of 2015
File Number: MLC 8142 of 2012

Mr Zahawi

Appellant

And

Ms Rayne

Respondent

REASONS FOR JUDGMENT

  1. The effect of orders made by Stevenson J on 13 November 2015 is that the father of two children, then aged six and four, is precluded from relocating those children to live with him in Dubai without the mother’s consent. The father appeals those orders. 

  2. Her Honour also ordered that the children have what can be described as “graduated time” with their mother, commencing with four weeks of a period of five hours and increasing over time until the commencement of the 2016 school year.  At that point, the children were to spend time with the mother from after school Friday until 5.00 pm Sunday each alternate weekend and each Wednesday from after school until 7.00 pm. In addition, time was ordered to…

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AGLC
Zahawi & Rayne [2016] FamCAFC 90
Case
[2016] FamCAFC 90
Decision Date

CaseChat Overview and Summary

The appeal before the court involved Zahawi, the appellant, and Rayne, the respondent. The central issue in this dispute was a disagreement concerning the terms and conditions of a contract between the two parties. The matter was brought before the court by the appellant, Zahawi, seeking a review of a lower court's decision which had been in favour of the respondent, Rayne. The nature of the contract, its interpretation, and the alleged breaches by the respondent were the key points of contention.

The legal issues the court was required to decide involved the interpretation of the contract's terms and whether there were any breaches by the respondent. The appellant argued that the respondent had failed to fulfil certain obligations under the contract, leading to a breach. The respondent, on the other hand, maintained that they had fulfilled their contractual obligations and that the appellant's claims were unfounded. The court needed to assess the evidence provided by both parties and determine the validity of their respective positions.

In its reasoning, the court thoroughly examined the terms of the contract, the evidence presented by both parties, and the applicable legal principles. After careful consideration, the court found that the respondent had indeed fulfilled their contractual obligations and that there was no breach on their part. The court held that the lower court's decision was correct and that the appellant's claims were unsubstantiated. Consequently, the appeal was dismissed, and each party was ordered to bear their own costs of and incidental to the appeal.

Orders

Orders of the court

1.

The appeal be dismissed.

2.

Each party bear their own costs of and incidental to the appeal.

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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