Proposed grounds of appeal alleging 'weighting' errors in relation to a primary judge's evaluative best interests determination do not properly allege error of law or error of fact and are unlikely to demonstrate reasonable prospects of success on appeal. An appellant challenging credibility-based findings and evaluative judgments in family law proceedings must frame grounds that recognise and address the principles of appellate restraint, including the high hurdle for overturning credibility-based findings of primary fact.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.