FAMILY LAW ─ APPEAL ─ CHILDREN ─ Parenting arrangements ─ Where the father complained that the Federal Magistrate erred in making orders that the mother be responsible for taking the children to counselling where there was evidence that she failed to continue taking the children to counselling as previously ordered ─ Where late in the hearing of the appeal, the Court was advised, by Counsel for the mother, that, notwithstanding that the orders for counselling made by the Federal Magistrate as a precursor to the father spending time with the children had not been implemented, the children had in fact for some time been spending time with the father pursuant to those orders ─ Where whatever the reasons for the counselling not occurring, the Federal Magistrate’s orders for the father to spend time with the children having, it seems uncontroversially, been implemented, the order for counselling, or orders that the mother be responsible for taking the children to such counselling, has no practical significance ─ Nothing to which the Court was referred demonstrated that any of the findings of fact recorded by the Federal Magistrate were not reasonably open to his Honour or the conclusions he reached on reliance upon them ─ Appeal dismissed.
FAMILY LAW ─ APPEAL ─ Application to adduce further evidence ─ Where none of the further evidence sought to be adduced upon by the father would, if accepted, demonstrate that the decision of the Federal Magistrate was erroneous ─ Further evidence application dismissed.
FAMILY LAW ─ APPEAL ─ COSTS ─ Where the father’s appeal was wholly unsuccessful and the prospects of success of the appeal were minimal ─ Where the father sought to resist an order for costs on the basis of financial circumstances ─ Where given the unmeritorious nature of the father’s appeal and application for leave to adduce further evidence the Court was inclined to make an order for costs in the mother’s favour ─ Where the circumstances also justified the making of costs order in favour of the Independent Children’s Lawyer.
NOTE: The period for seeking special leave to appeal to the High Court has not expired.