Event and Time
Event Description
- Appeal against parenting orders made by Judge Vasta on 31 July 2018.
- The appellant, Ms. B Lysons, and the respondent, Ms. T Lysons, are parents of a child born in 2016.
- The main issues on appeal included the child's surname and an order for baptism.
Application and Claims
- The appellant sought to change the child’s surname and challenged the order for baptism.
- The grounds for appeal included claims of procedural unfairness and alleged error by the primary judge in making the orders.
Judicial Decisions
- The appeal against the order to change the child’s surname was dismissed due to lack of error in the initial ruling.
- The appeal against the baptism order was upheld, citing procedural unfairness in its imposition and setting it aside.
Dispute Points and Legal Basis
Dispute Points
- Appellant's Claims:
- Sought a change of the child’s surname to reflect sole parental responsibility. - Challenge to the baptism order based on the argument of procedural unfairness.
- Respondent's Position:
- Did not oppose the appellant having sole parental responsibility but sought specific orders regarding the child's name, health care, and schooling.
- Independent Children's Lawyer (ICL):
- Supported the notion of procedural fairness regarding the baptism order.
- Legal Basis:
- Constitutional arguments regarding s 116 of the Australian Constitution concerning religious freedom. - Sections from the Family Law Act 1975 (Cth), specifically s 61B and s 61DA, relevant to parental responsibility and welfare of the child.