Family Court: delay from trial to judgment is not ground of appeal in itself

Family Court: delay from trial to judgment is not ground of appeal in itself

In the case of Nardello and Fillmore, a ground of appeal was that in a children’s matter there was a delay from trial to judgment of 10 months. There was no transcript of the trial.

The mother relied upon the delay, in itself, as being a basis of appeal. While the Full Court did not accept this, it did accept in ordering a retrial that delay played a part in consideration of the impact on the children of being moved from one household to the other.

The court cited authorities dealing with delay, this passage from a NSW Court of Appeal judgment being particularly pertinent:

Where there has been significant delay, there can be no assumptions that
statements of a general assertive character made by the judge are based on a
sufficient consideration of the evidence, or that evidence relevant to a
particular finding not considered in the judgment has not been overlooked by the
judge in making that finding where that evidence, if accepted, could have
supported a different finding….

And, finally, the long delay may give rise to a reasonable apprehension by the losing party that the judge delayed giving judgment because he or she had been unable to grapple adequately with the issues and, in the end, had become attracted to the decision which was the easiest to make. The possibility that such an apprehension may be held by the losing party requires the judge to deal with that party’s arguments in such a way as to demonstrate that those arguments have been understood and that their rejection has been based on a clear and rational process of reasoning.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

High Net Worth Divorce: What You Need to Know

When a relationship ends, the legal rules about dividing property, superannuation, and financial responsibilities do not magically change just because someone is wealthy. The same family law principles still apply. But high net worth divorces bring a different level of complexity. In practical terms, these are cases where couples separation involves significant assets and superannuation,… Read More »High Net Worth Divorce: What You Need to Know

Iran Surrogacy: Critical Warning for Australian Intended Parents

International surrogacy can feel like the only path forward when home options are limited. For some Australian intended parents, Iran has been on the shortlist, particularly for those of Iranian heritage who were trying to navigate infertility treatment and surrogacy within Iranian law. However, the risks associated with Iran surrogacy must be seriously considered. But… Read More »Iran Surrogacy: Critical Warning for Australian Intended Parents

Shocking Surrogacy Numbers: What Australia Isn’t Telling You

Why the data matters Numbers have a way of cutting through opinion. When it comes to surrogacy, statistics reveal risks that law and policy sometimes miss. Recent figures presented at a national surrogacy forum show a pattern that should worry intended parents, practitioners and policymakers alike: dozens of children born through overseas surrogacy may be… Read More »Shocking Surrogacy Numbers: What Australia Isn’t Telling You

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board