austlii:cth/FedCFamC1F/2025/834
General information, not legal advice.
FedCFamC1F
2025-11-19
Altobelli J
Original judgment source is linked above.
Who should hold decision making authority for major long-term issues for the children
What information should be shared between the parents
11. On Friday 6 June 2025 the Mother filed a further set of final parenting orders. They were equally confusing:
...
l. Order 45.2 is "conditional upon participation in therapeutic parenting support". It is unclear what this means.
m. Order 45.3.1 is "subject to clinical endorsement". It is unclear what this means.
n. Order 46.2 being time spend on Father's Day, appears to always be supervised but Christmas Day is not supervised.
o. Order 46.4 being the Jewish Holidays, only permits telephone time.
p. Order 50, despite the other orders providing for when supervision is lifted, stipulates that supervision remain "for a minimum of 3 years" and shall be reassessed at the end of the 3 year period.
q. Orders 55-60 deal with the children making decisions in accordance with their wishes, notwithstanding the previous orders stipulating time.
r. Orders 85-88 set out a drug testing regime for the Father, not previously sought, not put to the Single Expert and not put to him in cross examination, denying the Father procedural fairness.
s. Orders 89-92 set out various restraints around the use of pornography not previously sought, not put to the Single Expert and not put to him in cross examination, denying the Father procedural fairness.
t. Order 94 seeks a restraint against the Father entering the Mothers house, not previously sought, not put to the Single Expert and not put to him in cross examination, denying the Father procedural fairness.
u. Order 99-101 seeks an "Anti-stalking clause" not previously sought, it was not put to the Single Expert and not put to him in cross examination, denying the Father procedural fairness.
v. Order 102 seeks to restrain the Father from attending the children's schools or daycares, was not previously sought, not put to the Single Expert and not put to him in cross examination, denying the Father procedural fairness.
w. Order 112 appears to be a child support departure, not previously sought, and is therefore denying the Father procedural fairness.
x. Order 113 appears to require the parties to enter into a Binding Child Support Agreement (BCSA). It is unclear what head of power the Mother relies upon in order to have the Court make this order.
12. The Mother proposes no holiday time, at all, ever.
13. The Mother's revised proposals were not put to the Single Expert for her view if they are appropriate or would maintain a meaningful relationship with the Father. Nor was the Father provided procedural fairness, including testing the Mother on her proposal.
14. It is trite to say that her revised position is at odds with her original proposal and the risks she alleges. The misguided, unfocussed and ill-considered proposals also reflect the Mother's underlying undiagnosed psychopathology.
...
I certify that the preceding four hundred and nineteen (419) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Altobelli.
3.1.1. In week one, from 9.00am Saturday to 5.00pm Sunday.
3.1.2. In week two, on Wednesday from after school/daycare or 3.00pm to 6.00pm.
3.2. From the date three months following the making of these orders and for a further three (3) month period:
3.2.1. In week one, from after school or 3.00pm Friday to 5.00pm Sunday
3.2.2. In week two, on Wednesday from after school/daycare or 3.00pm to 6.00pm.
3.3. From the date six months following the making of these orders and for a further three (3) month period:
3.3.1. In week one, from after school/daycare or 3.00pm Friday to before school/daycare or 9.00am Monday.
3.3.2. In week two, on Wednesday from after school/daycare or 3.00pm to 6.00pm.
3.4. Thereafter, the Mother shall spend time with the children as follows:
3.4.1. In week one, from after school/daycare or 3.00pm Friday to before school/daycare or 9.00am Monday.
3.4.2. In week two, from school/daycare or 3.00pm Wednesday to before school/daycare or 9.00am Thursday.
School Holidays
4.1. In the school holiday periods commencing at the conclusion of terms one, two and three, the children shall spend half of the school holidays with each parent as agreed between the parties in writing, and failing agreement as follows:
4.1.1. In even numbered years, with the Father for the first half of the school holidays and the Mother for the second half of the school holidays; and
4.1.2. In odd numbered years, with the Mother for the first half of the school holidays and the Father for the second half of the school holidays.
4.2. In the school holiday periods commencing at the conclusion of term 4, in a week about arrangement as follows:
4.2.1. In even numbered years, with the Father for the first week and each alternate week thereafter and with the Mother for the second week and each alternate week thereafter; and
4.2.2. In odd numbered years, with the Mother for the first week and each alternate week thereafter and the Father for the second week and each alternate week thereafter.
5.1. The school holiday period shall commence at the conclusion of school on the last day of each school term and shall conclude at the commencement of school on the first day of the following school term
5.2. Changeover shall occur at 12.00pm on changeover day.
5.3. At the start of each school term, living arrangements as set out in these orders shall recommence in the same pattern as if there had been no suspension of time during the completed school holidays.
Special Occasions
6.1. On Father's Day, from 9.00am to 5.00pm with the Father.
6.2. On Mother's Day, from 9.00am to 5.00pm with the Mother.
6.3. On each of the children's birthdays:
6.3.1. If the children are in the Mother's care, with the Father from 9.00am until 2.00pm provided the birthday does not fall on a school day, or from 3.00pm to 6.00pm if the birthday falls on a school day.
6.3.2. If the children are in Father's care, with the Mother from 9.00am until 2.00pm provided the birthday does not fall on a school day, or from 3.00pm to 6.00pm if the birthday falls on a school day.
6.4. On the Father's birthday, if the Father does not otherwise have care of the children, from 9.00am until 2.00pm provided the birthday does not fall on a school day, or from 3.00pm to 6.00pm if the birthday falls on a school day.
6.5. On the Mother's birthday, if the Mother does not otherwise have care of the children, from 9.00am until 2.00pm provided the birthday does not fall on a school day, or from 3.00pm to 6.00pm if the birthday falls on a school day.
6.6. On Christmas as follows:
6.6.1. In even numbered years, with the Father from 3.00pm Christmas Eve to 3.00pm Christmas Day, and with the Mother from 3.00pm Christmas Day to 3.00pm Boxing Day.
6.6.2. In odd numbered years, with the Mother from 3.00pm Christmas Eve to 3.00pm Boxing Day, and with the Father from 3.00pm Christmas Eve to 3.00pm Boxing Day.
6.7. At Passover, if the children are not otherwise in the Father's care, with the Father from after school or 3.00pm to 8.00pm.
6.8. On the first day of Rosh Hashanah, if the children are not otherwise in the Father's care, with the Father from 9.00am to 5.00pm.
6.9. On Yom Kippur, if the children are not otherwise in the Father's care, with the Father from 9.00am to 5.00pm.
Changeover
7.1. Where changeover is to occur at the commencement or conclusion of school/daycare, changeover shall occur at the children's school/daycare.
7.2. On a non-school day or where the children are not in attendance at school/daycare, changeover shall occur at the residence of the parent receiving the child.
Communication
(a) The children's principal doctors in relation to any medical condition from which a child may now or in the future suffer or be diagnosed as suffering;
(b) The Principal, relevant School Teachers, Staff and School Counsellors of the School(s) and/or child care and/or after school care attended by the children from time to time;
(c) The Manager, relevant Teachers/Day Care Workers and Staff of any day care centre attended by the children from time to time;
(d) The Teachers/Instructors of each child in any extracurricular activity in which either child is involved, such as Dance, Sport, and the like;
(e) Any Counsellor a child may consult, and the Mother shall be solely responsible for all costs in relation to such consultations.
Interstate Travel
12.1. The travelling party provide to the other party at least two (2) weeks' notice in writing of their interstate travel plans, or in the case of an emergency seven (7) days notice;
12.2. The travelling party provides a copy of the travel itinerary and contact details for the children while interstate, seven (7) days prior to the intended travel.
Overseas Travel
14.1. The party travelling with the children must give the other party not less than four (4) weeks written notice of their intention to travel.
14.2. The party travelling with the children must give the other party a written itinerary of the departure and return dates of the children, the country or countries the children will be travelling to, details of where the children will be staying each night, details of who will be staying with the children each night and the telephone number and address where the children can be contacted not less than twenty eight (28) days before the proposed departure date.
14.3. The party travelling with the children must provide the other party with a copy of the children's plane tickets, showing a return plane ticket to the Commonwealth of Australia not less than twenty eight (28) days before the proposed departure date.
14.4. The party travelling with the children must obtain travel insurance for the children and give the other party evidence of same.
PART B - PRIMARY ORDERS (Relocation to the United States Permitted)
7.2.1 Two 30-minute video calls per week, on Sundays and Wednesdays, or as a mutually agreed time.
7.2.2 Annual in-person supervised visit for up to 14 consecutive days.
7.2.3 The mother shall travel to Australia once per year in January to spend time with the children to celebrate the father's birthday, for a period of 2-3 weeks. The costs of the travel and accommodation for this visit shall be borne by the mother.
7.3 Once Y reaches 13 years of age, or commences high school or equivalent (whichever occurs later)
7.3.1 The children may travel to Australia or another agreed location for two weeks annually, subject to approval of a treating psychologist confirming the children are emotionally ready, and flights being accompanied or supervised unless otherwise agreed.
7.3.2 The children shall travel to Australia once per year in January to spend time with the children to celebrate the father's birthday, for a period of 2-4 weeks. The costs of the travel and accommodation for this visit shall be borne by the father.
7.3.3 Video calls up to 3 times weekly.
SPECIAL OCCASIONS AND HOLIDAYS
8.1 Father's Day - Australian Father's Day (first Sunday in September):
8.1.1 The Father shall have a 1-hour video call with the children between 9:00am and 10:00am Sydney time.
8.2 U.S. Father's Day (third Sunday in June):
8.2.1 The Father shall have a 1-hour video call with the children at 7:00pm State D time.
8.3 Mother's Day - U.S. Mother's Day (second Sunday in May):
8.3.1 The children shall spend the day with the Mother and no contact or video time is required with the Father.
8.4 Australian Mother's Day (if distinct observance acknowledged by the children):
8.4.1 Acknowledged as U.S. Mother's Day unless otherwise agreed by the parties.
8.5 Christmas Eve (24 December):
8.5.1 The children shall reside with the Mother. The Father shall be permitted a 30-
minute video call between 2:00pm and 2:30pm State D time.
8.6 Christmas Day (25 December):
8.6.1 In odd-numbered years, the children shall spend the morning with the Mother
and the evening (6:00pm to 7:00pm State D time) on a supervised video call
with the Father.
8.6.2 In even-numbered years, the order shall be reversed, with the Father having a 1-hour morning call, and the Mother spending the rest of the day with the children.
8.7 Boxing Day (26 December):
8.7.1 The children shall remain with the Mother. The Father may have a 30-minute
video call between 6:00pm and 6:30pm State D time.
8.8 Rosh Hashanah (Jewish New Year - 2 days)
8.8.1 The children may participate in a 15-30-minute video call per day with the
Father, between 6:00pm-7:00pm State D time, unless it coincides with school
or religious observance of the Mother.
8.9 Yom Kippur (Day of Atonement)
8.9.1 The children may participate in a short video call (15 minutes) the day before
the fast begins, subject to timing and availability.
8.10 Passover (First Seder Night)
8.10.1 The children may participate in a 30-minute video call on the evening of the first night of Passover (local U.S. time), if the Father is observing and requests it via OFW 14 days in advance.
8.11 Hanukkah (8 nights)
8.11.1 The children may participate in one (1) 30-minute video call during the 8-day festival, at a time agreed by both parties or defaulted to the third night at 6:00pm State D time.
FLEXIBILITY AND BEST INTERESTS CLAUSE
scheduled travel or court-approved arrangements.
10. Calls must be facilitated through a secure and private platform (e.g., Zoom, FaceTime) and recorded or monitored if required for safety.
11. All video calls are subject to the children's availability, well-being, and nap/sleep schedules and may be rescheduled within 24 hours by the Mother with notice via Our Family Wizard ("OFW").
12. The parties may, by written agreement, vary these arrangements with at least 7 days' notice.
13. All communication must be child-focused and age-appropriate. Where clinically advised, calls may be paused or limited to prevent re-traumatization or regression of the children's emotional development.
14. Parties are encouraged to exchange child-centred messages, cards, or photos in lieu of real-time contact where necessary.
CHILD-INITIATED CONTACT
RESIDENTIAL AUTONOMY ON HIGH SCHOOL COMMENCEMENT
20. Upon reaching the age of 13, or upon each of the children's commencement of high school - whichever is later - the children shall be permitted to express a preference as to which parent they wish to live with on a full-time or part-time basis.
21. Prior to any change in residence being implemented, the child shall be assessed by a treating psychologist to confirm the child's views are independent, developmentally informed, and not influenced by coercion.
22. The parties agree that such preferences shall be considered with weight and respect, and not dismissed without due consideration of the children's best interests and any clinical advice.
23. The parties agree that such preferences shall be given weight and not dismissed without due consideration of the psychologist's recommendations and the best interests of the children.
MEDICAL AND EDUCATIONAL DECISION-MAKING
24. The Mother shall make all decisions regarding medical, educational, psychological, and dental care, and shall notify the Father of major developments via OFW.
25. That the parents shall keep one another informed at all times of:
25.1 Their current email contact telephone number and advise the other parent of a change in such details within 24 hours of such change occurring;
25.2 Any medical problems or illnesses suffered by the children while in their respective care; and
25.3 Any medication that has been prescribed for the children;
25.4 Any social, school or religious functions which the children are to attend;
25.5 Particulars of the others who may reside with the children; and
25.6 Any other matter relevant to the child's welfare.
PARENTING COURSES
35. That the parents, shall:
35.1 Enrol in and complete a parenting course approved by a registered provider within 60 days of the date of these Orders.
35.2 Enrol in and complete an anger management or emotion regulation course, which may include "Managing Strong Emotions" or "Taking Responsibility" or "Tuning into Kids" or "Circle of Security Parenting" (Parenting After Separation, F Family Services or equivalent) within 60 days of the date of these Orders.
35.3 Enrol in a domestic violence prevention or behaviour change program if recommended within 60 days of the date of these Orders.
WAIVER OF CHILD SUPPORT AND FINANCIAL CONTRIBUTIONS
39.1 Binding Child Support Agreement (BCSA) pursuant to section 80C of the Child Support (Assessment) Act 1989 (Cth); and
39.2 Financial Agreement under Part VIIIA of the Family Law Act 1975 (Cth), which together shall confirm the Mother's waiver of all rights to present and future financial contributions or claims (including but not limited to daycare, primary, secondary, and university education (including tuition, enrolment fees, uniforms, excursions, and supplies); medical, dental, and mental health expenses (excluding those covered by insurance); technology (e.g. mobile phones, tablets, laptops), internet plans, and associated communication costs; Clothing, toiletries, and general living costs; transport costs including cars, registration, licensing, insurance, and maintenance; extracurricular activities, school trips, and recreational programs. child support, maintenance, education, travel, housing, clothing, health care, and tertiary costs from the Father.
PART C - ALTERNATIVE/FALLBACK ORDERS (Relocation Refused)
45.1 From the date of these orders until once Y reaches 6 years of age, or commences primary school (whichever occurs later):
45.1.1 Mondays and Wednesdays from either 8:30am to 1:00pm or 1:30pm to 6:00pm, supervised by an approved professional.
45.1.2 Every second Saturday from 8.30am to 1:00pm or 1:30pm to 6:00pm, also supervised.
45.2 Once Y reaches 10 years of age until before Y starts high school or equivalent:
45.2.1 One overnight supervised visit per fortnight (Friday after school to Saturday 6:30pm) conditional upon participation in therapeutic parenting support.
45.2.2 Alternate week mid-week visit (Wednesday after school to 6:30pm).
45.3 Once Y reaches 13 years of age, or commences high school or equivalent (whichever occurs later)
45.3.1 Children may commence unsupervised weekend time (Friday after school to Saturday 7:00pm), subject to clinical endorsement.
45.3.2 Alternate week mid-week visit (Tuesday after school to before school Wednesday).
SPECIAL OCCASIONS AND HOLIDAYS
46.1 Mother's Day:
46.1.1 The children shall be with the Mother from 9:00am to 6:00pm on the day.
46.2 Father's Day:
46.2.1 The children shall spend time with the Father from 10:00am to 4:00pm, supervised.
46.3 Christmas Period:
46.3.1 Christmas Eve and Day: In odd-numbered years, children spend Christmas Eve and morning with the Mother, and Christmas afternoon with the Father. In even- numbered years, reversed.
46.3.2 Boxing Day: Always with Mother.
46.4 Jewish Holidays (if requested):
46.4.1 Rosh Hashanah (2 days): One 30-minute video call per day, or as otherwise agreed.
46.4.2 Yom Kippur: One 15-minute video call the day before the fast, or as otherwise agreed.
46.4.3 Passover (first Seder): 30-minute video call, or as otherwise agreed.
46.4.4 Hanukkah: One 30-minute call over the 8-day period, or as otherwise agreed.
CHANGEOVERS
53.1 Their current email contact telephone number and advise the other parent of a change in such details within 24 hours of such change occurring;
53.2 Any medical problems or illnesses suffered by the children while in their respective care; and
53.3 Any medication that has been prescribed for the children;
53.4 Any social, school or religious functions which the children are to attend;
53.5 Particulars of the others who may reside with the children; and
53.6 Any other matter relevant to the child's welfare.
75.1 Sporting fixtures;
75.2 Extracurricular activities that allow for parental attendance;
75.3 School functions and events that allow for parental attendance including but not limited to concerts, school assemblies, sports days, parent and teacher interviews, canteen duties and social functions; and
75.4 The parent who has the children in their care on the day of such activity will be responsible for their day-to-day care at such event.
76.1 Within 7 days of enrolling the children in any extra-curricular activity or engaging a tutor, notify the other parent of the details as to the commitments, including but not limited the names, contact details, and nature or purpose of the extra-curricular activity or tutorage;
76.2 Agree on the costs of such activity and their respective contributions towards the costs and, failing agreement, the parent who has enrolled the children in the extra-curricular activity or engaged the tutor shall be solely responsible for the costs of same; and
76.3 Ensure that the children's enrolment and participation in the extracurricular activity or tutorage does not impose upon the children's time with the other parent; and
76.4 Ensure the attendance and participation of the children during the period of the time that the child lives with each of them.
INTERSTATE TRAVEL
77.1 The proposed itinerary;
77.2 The address of where the children will be staying; and
77.3 The proposed period of such trip.
OVERSEAS TRAVEL
79.1 The travelling parent will provide the other parent with at least 28 days prior written notice of the intended trip, with such notice to include the proposed dates and destination;
79.2 The travelling party will provide the other party with 21 days prior written notice of the confirmed dates and times by way of a copy of the airline ticket and/or booking reference number (in the event the ticket number is not issued until check in) and travel itinerary including but not limited to the listing of countries to be visited, the names of the airline(s) or cruiser(s) the children will be travelling on, return ticketing details, travel insurance details and the address and contact details for the children's for the duration of their trip; and
79.3 The travelling party will facilitate the non-travelling party having contact with the children during the trip, via telephone, FaceTime or Skype on each alternate day.
PASSPORTS
93.1 Abusing, denigrating, demeaning or belittling the other parent, their partner and/or members of their family in the presence of or hearing of the children; and
93.2 Allowing or permitting any other person to abuse, denigrate, demean or belittle the other party, their parent and/or members of their family in the presence of or hearing of the children where that party is present.
RESTRAINTS
96.1 The current family law proceedings including, but not limited to:
96.1.1 Any material filed by any party in these proceedings;
96.1.2 Any material produced on subpoena in these proceedings; and
96.1.3 Any reports that may be prepared for the purpose of these proceedings; and
96.1.4 The children's preferred living and spend time with arrangements.
102.1 Attend the children's schools, daycares, medical appointments or residences without the written consent of the Mother;
102.2 Contact service providers (e.g., schools, medical clinics) in a manner that is harassing, intimidating, or undermining of the Mother's role.
PARENTING EDUCATION
103.1 Enrol in and complete a parenting course approved by a registered provider within 60 days of the date of these Orders.
103.2 Enrol in and complete an anger management or emotion regulation course, which may include "Managing Strong Emotions" or "Taking Responsibility" or "Tuning into Kids" or "Circle of Security Parenting" (Parenting After Separation, F Family Services or equivalent) within 60 days of the date of these Orders.
103.3 Enrol in a domestic violence prevention or behaviour change program if recommended within 60 days of the date of these Orders.
WAIVER OF CHILD SUPPORT AND FINANCIAL CONTRIBUTIONS
PART D - ANCILLARY/ADDITIONAL TERMS
DISPUTE RESOLUTION
Orders
Parental Responsibility and Decision Making
9.1 For a period of three (3) months on each alternate Saturday from 9:00am until 4:00pm;
9.2 Thereafter for a period of three (3) months on each alternate weekend from 9:00am Saturday until 4:00pm Sunday;
9.3 Thereafter in week 1, from 3:00pm or the conclusion of pre-school, day care or school on Friday until 9:00am or the commencement of pre-school, day care or school on Monday, each alternate weekend; and in week 2, from 3:00pm or the conclusion of preschool, day care or school on Wednesday until 9:00am or the commencement of preschool, day care or school on Thursday.
10.1 On Father's Day, from 9.00am to 5.00pm with the Father.
10.2 On Mother's Day, from 9.00am to 5.00pm with the Mother.
10.3 On each of the children's birthdays:
10.3.1 If the children are in the Mother's care, with the Father from 9.00am until 2.00pm provided the birthday does not fall on a school day, or from 3.00pm to 6.00pm if the birthday falls on a school day.
10.3.2 If the children are in Father's care, with the Mother from 9.00am until 2.00pm provided the birthday does not fall on a school day, or from 3.00pm to 6.00pm if the birthday falls on a school day.
10.4 At Christmas as follows:
10.4.1 In even numbered years, with the Father from 3:00pm Christmas Eve to 3:00pm Christmas Day, and with the Mother from 3:00pm Christmas Day to 6:00pm Boxing Day.
10.4.2 In odd numbered years, with the Mother from 3:00pm Christmas Eve to 3:00pm Boxing Day, and with the Father from 3:00pm Boxing Day.
10.5 At Passover, if the children are not otherwise in the Father's care, with the Father from after school or 3.00pm to 8.00pm.
10.6 On the first day of Rosh Hashanah, if the children are not otherwise in the Father's care, with the Father from 9.00am to 5.00pm.
10.7 On Yorn Kippur, if the children are not otherwise in the Father's care, with the Father from 9.00am to 5.00pm.
11.1 At the conclusion of Terms 1, 2 and 3:
11.1.1 In even numbered years, with the Father for the first half of the school holidays and the Mother for the second half of the school holidays; and
11.1.2 In odd numbered years, with the Mother for the first half of the school holidays and the Father for the second half of the school holidays.
11.2 At the conclusion of Term 4:
11.2.1 In even numbered years, with the Father for the first week and each alternate week thereafter and with the Mother for the second week and each alternate week thereafter; and
11.2.2 In odd numbered years, with the Mother for the first week and each alternate week thereafter and the Father for the second week and each alternate week thereafter.
12.1 Upon the commencement of Order 9.3, at pre-school, day care or school when such changeovers occur during the NSW school term; and
12.2 At all other times at a supermarket, Suburb E.
Restraints
13.1 Denigrating the other parent or any other family member or partner of the other parent in the presence or hearing of the children;
13.2 Exposing the children to Family Violence as defined in section 4AB of the Act or from causing or allowing the children to remain in the presence of any person perpetrating family violence;
13.3 Discussing these proceedings with the children; and
13.4 Attempting to elicit from the children any views as to their living arrangements.
Airport Watch List
17.1 The children's principal doctors in relation to any medical condition from which a child may now or in the future suffer or be diagnosed as suffering;
17.2 The Principal, relevant School Teachers, Staff and School Counsellors of the School(s) and/or child care and/or after school care attended by the children from time to time;
17.3 The Manager, relevant Teachers/Day Care Workers and Staff of any day care centre attended by the children from time to time;
17.4 The Teachers/Instructors of each child in any extracurricular activity in which either child is involved, such as Dance, Sport, and the like;
17.5 Any Counsellor a child may consult, and the Mother shall be solely responsible for all costs in relation to such consultations.
Other Orders
20.1 A copy of the Short Form Child Impact Report of Ms C dated 8 July 2024.
20.2 A copy of the Single Expert Report of Ms G dated 17 February 2025.
20.3 A copy of these Orders and Judgment.
[1] The Court does not accept the mother's contention that the father's lack of religious practice at the time mitigated the insulting nature of the comment. Nor does the Court accept the maternal grandmother's assertion that the comment was intended to be a compliment.
[2] The mother, herself, admitted during cross-examination that "at this point I am fragile". The Court agrees.
AMS v AIF (1999) 199 CLR 160; [1999] HCA 26
Australian Securities and Investments Commission v Hellicar (2012) 247 CLR 345; [2012] HCA 17
Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34
Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361; [2011] HCA 11
M v M (1988) 166 CLR 69; [1988] HCA 68
Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28
U v U (2002) 211 CLR 238; [2002] HCA 36
Wallaby Grip Ltd v QBE Insurance (Australia) Ltd (2010) 240 CLR 444; [2010] HCA 9
The first point to be made is that the law did not require the primary judge to assess the potency of the risk of harm posed to the children by reference to the evidence concerning individual events in isolation from the remainder of the evidence. On the contrary, the primary judge was required to assess the level of risk posed to the children on the whole of the evidence, since the strength of the evidence lies in its cumulative effect, much like how the strength of rope derives from the combination of its individually weaker strands (Transport Industries Insurance Co Ltd v Longmuir [1997] 1 VR 125 at 127-130 and 141; Savage v Lunn [1998] NSWCA 203; J.D Heydon, Cross on Evidence (LexisNexis Australia, 13th edition, 2021) at [1110] and [9040]).
(2012) 247 CLR 345
(1938) 60 CLR 336
(2019) 60 Fam LR 212
(2011) 243 CLR 361
(1988) 166 CLR 69
(2016) 56 Fam LR 500
(1994) 181 CLR 639
(2023) 66 Fam LR 650
(2002) 211 CLR 238
(2010) 240 CLR 444
(1990) 169 CLR 638
(1999) 199 CLR 160
(2023) 68 Fam LR 55
(2010) 43 Fam LR 348
(1998) 194 CLR 355
(2015) 53 Fam LR 621
(1997) 191 CLR 559