By and -

Key decisions

  • Kuang & Kuang [2025] FedCFamC1A 31
  • Dajani & Dajani [2025] FedCFamC1A 28
  • Connery & Sims [2025] FedCFamC1A 34
  • Fiedler & Vitale [2025] FedCFamC1A 7

PROCEDURE

Court erred by finding special circumstances did not exist to permit father to use single expert report (prepared in parenting case) in his criminal defence

In Kuang & Kuang [2025] FedCFamC1A 31 (5 March 2025), the Full Court (Harper, Riethmuller & Strum JJ) allowed a father’s appeal against the dismissal of his application for release from the Harman undertaking by Judge Murdoch.

The father sought the release to enable him to use a redacted version of a single expert psychiatrist report in his defence of criminal charges in the District Court of New South Wales. The offences were against the mother, who opposed the release.

At first instance, the Court held the father failed to establish he should be released from the undertaking for reasons that included:

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