Dr Charlotte Proudman successfully appealed a decision of a lower family Court that summarily dismissed the mother’s application for a transfer of residence at the first hearing. The appellate court upheld two grounds of appeal. The lower Court was wrong to summarily dismiss a mother’s application without investigation of the allegations made. The lower Court was wrong to rely upon the written evidence of social worker without giving the mother the opportunity to cross-examine the witness. The order of the lower Court was overturned and remitted back to another judge for further investigation and determination.
Related barristers: Dr Charlotte Proudman