By Craig Nicol and Keleigh Robinson -
Key decisions
- Dacombe & Paddison [2021] FedCFamC1A 103
- H, AW v K, S [2021] SASC 128
- Sterling [2022] FedCFamC1A 3
- Candle & Falkner [2021] FedCFamC1A 102
CHILDREN
Father unsuccessfully appeals order authorising mother to vaccinate child against COVID-19
In Dacombe & Paddison [2021] FedCFamC1A 103 (23 December 2021) Austin J (sitting in the appellate jurisdiction of the Federal Circuit and Family Court of Australia) summarily dismissed a father’s appeal against a consent order, which authorised the mother to arrange vaccinations of the parties’ daughter.
The Court said (from [8]):
‘An appeal may be summarily dismissed if the appellant has no reasonable prospect of successfully prosecuting it (s 46(2)) [ed. of the Federal Circuit and Family Court of Australia Act 2021 (Cth)], even if it is not hopeless or bound to fail (s 46(3)) …
[10] The father’s first contention – that he did not consent to the order – is false. …
[11] While it was the legal practitioners who confirmed the parties’ agreement, the father did not demur when the primary judge was informed of the compromise. …
[12] When the primary judge sought to formulate an order to properly reflect the parties’ agreement, the father even helped with the drafting …
