FAMILY LAW ─ APPEAL ─ Challenge to the adequacy of the Federal Magistrate’s reasons for judgment ─ Where the issue which required determination fell within a very small compass ─ Where it is difficult to suggest what more the Federal Magistrate could have said, by way of revelation of his reasoning process, or have said in reliance upon the evidence which was before him ─ Challenge unsuccessful.
FAMILY LAW ─ APPEAL ─ Asserted denial of natural justice ─ Where, although the father did materially alter his position late in the proceedings, there was ample opportunity thereafter for Counsel for the mother to make submissions in relation to that issue ─ Where there was no testing of the evidence of either party or the Family Consultant at trial ─ Where nothing to which the Court was referred, or otherwise discovered from the transcript of the proceedings established that the mother was denied natural justice or procedural fairness ─ Where it is not only difficult to suggest how natural justice or procedural fairness was denied, but difficult to suggest how, if it was, anything would have been different if it had not been ─ Challenge unsuccessful.
FAMILY LAW ─ APPEAL ─ CHILDREN ─ Parenting arrangements ─ Best interests of child - Whether the Federal Magistrate’s decision was unsupported by the evidence before him ─ Where the Federal Magistrate was placed in the invidious position of having no expert opinion or other evidence upon which he could safely rely in determining the very narrow issue of best interests ─ Where no irrelevant or extraneous fact or circumstances was shown to have influenced the Federal Magistrate’s exercise of discretion ─ Not demonstrated that the Federal Magistrate failed to have regard to any relevant fact or circumstance ─ Appeal dismissed.
FAMILY LAW ─ COSTS ─ Where the appeal was wholly unsuccessful ─ Where the father did not seek an order for costs ─ Where the process which led to the determination of the proceedings carried with it the great risk that one party would feel aggrieved by the outcome ─ No order for costs made.
NOTE: The period for seeking special leave to appeal to the High Court has not expired.