FAMILY LAW – APPEAL – CHILDREN – where the father lived in Melbourne and over a year before trial the mother had moved with the child to north eastern Victoria – where the Federal Magistrate made orders for the child to live with the mother and to spend time with the father each alternate weekend – where the father alleged the Federal Magistrate erred in not ordering the return of the child to Melbourne, despite at trial not strenuously pursuing the child’s return to Melbourne – where the father alleged bias on the part of the Federal Magistrate for refusing to disqualify himself at trial, for accepting evidence of the mother and her witnesses over evidence of the father and his witnesses, and making numerous “wrong” findings on the evidence before his Honour – where the father alleges the Federal Magistrate failed to take into consideration weaknesses, errors and indications of bias in the family report – no merit found in any ground of appeal in relation to parenting issues – appeal in relation to parenting issues dismissed.
FAMILY LAW – APPEAL – PROPERTY SETTLEMENT – where the Federal Magistrate made orders requiring the father to pay the mother the sum of $152,900 and for the mother to contemporaneously withdraw two caveats lodged over the father’s home – where the father alleged the Federal Magistrate erred by failing to take into account the evidence as to the mother’s pension and benefits when considering the income disparity of the parties – where the father alleged the Federal Magistrate erred in his refusal to take into account a property valuation procured by the father – where the father alleged the Federal Magistrate made “wrong” findings in relation to the father’s savings and loans from his sister – no merit found in any ground of appeal in relation to property settlement issues – appeal in relation to property settlement dismissed.
FAMILY LAW – APPEAL – COSTS – written submissions sought.
NOTE: The period for seeking special leave to appeal to the High Court has not expired.