Presumption of Shared Parental Responsibility Held Not to Be in Child’s Interests: Mother’s Appeal Dismissed

Background In a recent case of Ramsey & Hays [2017] FamCAFC 54 (20 March 2017), the Full Court (Thackray, Strickland & Hogan JJ) heard the mother’s appeal against Foster J’s orders regarding her six-year-old daughter. The parties separated when the child was a baby. The child lived […]

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Property Settlement – Trial Judge Erred in Holding that it was Just and Equitable to Adjust Wife’s Ownership of Property.

Background In the recent case of Zaruba [2017] FamCAFC 91 (21 May 2017) the Full Court of the Family Court (Bryant CJ, Thackray & Murphy JJ) heard cross-appeals against a property order made by Moncrieff J of the Family Court of Western Australia. The Parties had separated […]

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International Commercial Surrogacy Agreement – Equal Parental Responsibility Ordered

Background In the recent case of Adair & Anor and Bachchan [2017 FCWA 78 (22 June 2017) Duncan J of the Family Court of Western Australia heard an undefended parenting application in respect of twin children aged 4.   Applicants’ Submission There were two applicants – Mr […]

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Child Support – Mother Unsuccessfully Appeals Decision of the Administrative Appeals Tribunal

Background to the Case In the recent case of Batson & Batson & Anor [2016] FCCA 2631 (delivered 12 October 2016 but published 30 May 2017) Judge Street heard the mother’s appeal in a case where she had applied for a child support assessment on 24 November […]

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Family Court Discharghes Father’s Recover Order on Appeal

Background In the recent case of Drew & Jensen [2017] FCCA 656 (13 April 2017) Judge Altobell considered an ex parte recovery order made by a Local Court. Father’s Submission The father obtained the initial order by alleging that the mother had escaped with their 5 years old […]

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Court Finds Relevant “Circumstances” Exist to Justify Setting Aside Property Consent Orders

Background  In the recent case of Blackwell & Scott [2017] FamCAFC 77 (28 April 2007), the Full Court of the Family Court (Aldridge, Kent & Watts JJ) heard Mr Blackwell’s appeal in a de facto property case where consent orders were first made in February 2014.   […]

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Court Declares Second Marriage Invalid under the Marriage Act

Background  In the recent case of Anouihl & Temke [2017] FamCA 325 (18 May 2017), Foster J heard an application by a married couple in a case where the parties were married in 2008 in a civil ceremony held at the Registry of Births, Deaths and Marriages […]

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Mother Not Granted Injunction Restraining Father From Storing Firearms

Background  In the recent case of Manson [2016] FCCA 3485 (delivered 9 September 2016, but published 22 May 2017) Judge Myers heard a case where parents of two children had agreed on parenting issues except for one relating to firearms. Mother’s Submission  The mother sought an order […]

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Father Fails in Application to Restrain Mother from Using her Maiden Name for Child

Background  In the recent case of Ambrose & Bead [2017] FCCA 681 (21 March 2017), Judge Henderson heard the father’s application for an injunction restraining the mother from using any name for their pre-school aged child (“X”) other than the child’s registered surname (“Ambrose”). The mother had […]

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Husband’s Appeal of Family Law Property Enforcement Order Granted to Wife Dismissed

Background In the recent case of Bebbington [2017] FamCAFC 31 (8 March 2017) Kent J heard the husband’s appeal in a case where consent orders were made in December 2015. The 2 December 2015 Consent Orders The relevant terms of the consent orders included that the husband […]

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