By and -

Key decisions

  • Dacombe & Paddison [2021] FedCFamC1A 103
  • H, AW v K, S [2021] SASC 128
  • Sterling [2022] FedCFamC1A 3
  • Candle & Falkner [2021] FedCFamC1A 102


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 …

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