n the case of Marchini & Marchini [2024] FedCFamC1A 47, the Federal Circuit and Family Court of Australia (Division 1) considered an appeal against final parenting orders made in 2023. The appeal particularly contested procedural fairness issues and the decision-making process regarding the progression of children's time from supervised to unsupervised with the respondent. The court did not find procedural unfairness in the delegation of order drafting to the Independent Children’s Lawyer or in the involvement of a third party whose interests were affected by the case outcomes. However, it allowed the appeal on the grounds of inadequate reasons provided for transitioning from supervised to unsupervised visitations and ordering the appellant (mother) to disclose her address to the respondent (father), despite evidence of controlling behaviour.
From the TLDR Caselaw Archive