Event and Time
Event Description
This case pertains to a Family Law appeal involving a dispute over parental responsibility regarding the vaccination of two children against COVID-19. The original orders, issued on 29 March 2021, granted both parents equal shared parental responsibility. The respondent filed an application to modify this arrangement, seeking sole parental responsibility for vaccination decisions, which the primary judge approved.
Application and Claims
- The applicant (mother) opposed the respondent's (father) application for sole responsibility over vaccination. Instead, she sought sole responsibility for all vaccination decisions or, alternatively, a stay of proceedings pending judgments in unrelated Federal Court matters.
- Following the initial hearing, which concluded with a judgment on 9 June 2022, the applicant's right to appeal was compromised due to her lawyer's ill health, leading to a delay beyond the standard appeal period.
- The applicant subsequently sought leave to bring an appeal out of time, which was ultimately dismissed by the appeal registrar.
Judicial Decisions
- The application for leave to appeal was dismissed on 22 August 2022 due to:
- Delay in lodging the appeal not regarded as gross. - The appeal lacking utility. - None of the proposed grounds of appeal appearing to have merit.
- Costs were ordered against the applicant, fixed at $8,324.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- Objected to the modification of parental responsibility concerning vaccinations. - Argued for sole responsibility for all vaccination decisions. - Requested a stay due to pending related Federal Court proceedings.
- Respondent's Claims:
- Sought sole parental responsibility to ensure the children's vaccinations against COVID-19. - Opposed the applicant's claims and the request for a stay.