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Judgment: Rice and Asplund principle - B & J [2009] FamCAFC 103 - 19/06/2009

Application of Rice and Asplund principle Whether the trial Judge erred hearing matter on a de novo basis

B & J [2009] FamCAFC 103 - 19/06/2009

CATCHWORDS:

FAMILY LAW  APPEAL - PARENTING - In an appeal from the Family Court - Appeal from orders made that the children live with their father and spend limited time with their mother - Application of issue estoppel principles - Application of Rice and Asplund principle - Whether the trial Judge erred hearing matter on a de novo basis - Whether the trial Judge should have taken steps to ensure that the mother could provide medical evidence in support of sexual abuse allegations against the father

FAMILY LAW - APPEAL - PROCEDURAL FAIRNESS - Litigant in person - Obligations of the trial Judge

FAMILY LAW - APPEAL - PARENTING - ADEQUACY OF REASONS - Whether the trial Judge failed to provide adequate reasons in rejecting the issue estoppel argument - Whether the trial Judge failed to provide adequate reasons for hearing the matter on a de novo basis

FAMILY LAW - COSTS - The respondent father sought costs of the appeal against the mother - The Independent Children's Lawyer did not seek costs - No order as to costs

NOTE: The period for seeking special leave to appeal to the High Court has not expired.

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B & J [2009] FamCAFC 103 - 19/06/2009
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