G v W

[2021] WASCA 180

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Family Law
2. › Parenting orders
3. › Relocation
4. › International relocation of child
5. › Whether in best interests of child to relocate with mother to Switzerland
6. › Standard of appellate review of parenting orders
7. › House v The King principles
8. › Family Court Act 1997 (WA), ss 66, 66A, 66C, 68, 70, 70A, 84, 89
1. Family Law
2. › Parenting orders
3. › Expert evidence
4. › Single expert witness
5. › Whether trial judge erred in rejecting aspects of single expert's evidence
6. › Weight to be given to expert opinion evidence
7. › Court not bound to accept expert evidence
1. Practice and Procedure
2. › Apprehended bias
3. › Whether trial judge's decision infected by bias or reasonable apprehension of bias
4. › Whether disagreement with outcome sufficient to establish apprehended bias
1. Appeal
2. › Standard of appellate review
3. › Discretionary decisions
4. › Parenting orders
5. › Credibility-based findings of primary fact
6. › [name withheld] v [name withheld] principles

Quick Take

A trial judge exercising discretion in parenting proceedings is not bound to accept the opinion of a single expert witness as to the child's best interests, and may form her own view based on all the evidence. An appellate court will not interfere with credibility-based findings of primary fact unless demonstrated to be wrong by reference to incontrovertible facts, uncontested testimony, or because the finding is glaringly improbable or contrary to compelling inferences. Disagreement with the outcome of a trial does not establish apprehended bias.