Family law – Appeals – Appellate jurisdiction of Full Court of the Family Court of Australia – Parenting orders made pursuant to Family Law Act 1975 (Cth), s 64B – Principles to be considered in appeals concerning parenting orders – Whether different to principles requiring consideration at first instance.
Family law – Appeals – "paramountcy principle" in Family Law Act 1975 (Cth), s 65E – Best interests of a child – Relevance to decision whether or not to admit further evidence or set aside orders of primary judge in appeals concerning parenting orders.
Family law – Appeals – Discretion of the Full Court of the Family Court of Australia to receive further evidence on appeal – Statutory origins of the discretion – Relevance of common law principles governing admission of fresh or further evidence.
Family law – Appeals – Discretion of Full Court of the Family Court of Australia to receive further evidence on appeal – Extent to which limitations imposed by terms of conferring statute – Principles governing exercise of discretion – Whether discretion improperly exercised.
Evidence – Taking opposing party by "surprise" at trial – Whether late-filed affidavit material gave rise to "surprise" meriting an order for retrial.
Family Law Act 1975 (Cth), ss 64B, 65E, 93A.
Wollongong Corporation v Cowan (1955) 93 CLR 435, considered.