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Is the new Family Law amendment Bill passed in June 2006 working?

This post is an example of a recent appeal leveraging the new Act

PJC & MHC [2006] FamCA 1048 - 17/10/2006

FAMILY LAW - Appeal - From Decision of Federal Magistrate - Powers and Discretion of Full Court - On 5 July 2006, parenting orders were made in the Federal Magistrates Court in relation to the two children of the parties, providing for the children to live with their mother - Both parties conceded that the Federal Magistrate failed to apply the new provisions of the Family Law Amendment (Shared Parental Responsibility) Act and agreed that the appeal must be allowed - The mother submitted that the matter should be remitted to the Federal Magistrate for re-determination based on the new law - The father submitted that the Full Court should re-exercise the Federal Magistrate's discretion - The father argued that he had lost confidence in the Federal Magistrate due to his failure to apply the new law and believed that the Federal Magistrate was unsympathetic to him as a self-represented litigant - As the findings of fact were to remain identical, the father's concerns carried very little weight - The relevant exercise of judicial power was not one of neat distinction between findings of pure fact and application of the law, but involved the drawing of discretionary conclusions - It is desirable for applications to be determined in all elements by the same judicial officer. :thumbs:

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PJC & MHC [2006] FamCA 1048 - 17/10/2006

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