FAMILY LAW ─ APPEAL ─ PROCEDURE ─ Appeal against orders made by the Federal Magistrate summarily dismissing an application by the appellant in parenting proceedings ─ Whether the Federal Magistrate decided the summary dismissal application by reference to the substance of the principles governing such applications, and, whether, prior to doing so, her Honour sufficiently informed the appellant of the basis upon which she would decide the application to summarily dismiss his application ─ Where the Court rejected the challenge to the Federal Magistrate’s refusal to adjourn the proceedings as the appellant requested ─ Where the Court was not persuaded that the evidence before the Federal Magistrate necessarily established that the appellant’s application for variation of the existing parenting orders was necessarily doomed to fail, or was hopeless, although, the prospects of success appeared extremely limited ─ Where the Court reluctantly concluded that the substantive provisions of the test governing applications for summary dismissal, were not adequately conveyed to the appellant during the course of the hearing, or applied in the determination of the summary dismissal application ─ Where the Court was unable to accept that the proceedings could have had no other outcome ─ Where notwithstanding that the appellant’s own application, and evidence in support of it at trial, contributed materially to what this Court has found to be the Federal Magistrate’s error, the appeal was allowed, and the application for summary dismissal remitted to the Federal Magistrates Court for re-determination.
FAMILY LAW ─ APPEAL ─ COSTS ─ Costs certificates awarded to the parties with respect to the appeal, and the re-hearing of the summary dismissal application.
NOTE: The period for seeking special leave to appeal to the High Court has not expired.