Court Intervention Held Necessary For General Dyshoria-Related Medical Procedure

Keywords: Family Law – Medical Procedures – Childhood gender dysphoria – Where the child is 15 years of age – Consideration of whether the child is Gillick competent.   In Re: Quinn [2016] FamCA 617 (29 July 2016) the mother and father (“the Applicants”) were the parents […]

Read more

Full Court of Family Court Finds No Child Support Resulting Trust Favouring the Husband

Key words:  child support; private agreement; school fees; repaid; trust; resulting trust; beneficial interest; administrative assessment; child support trust. Relative Law: Family Law Act 1975 (Cth); Child Support (Assessment) Act 1989 (Cth)   Introduction The case of Bass & Bass and Anor [2016] FamCAFC 64 (29 April […]

Read more

Family Court Gives Common Sense Meaning to Ambiguous Term in Binding Financial Agreement

Keywords: Binding Financial Agreement – Ambiguous recital (purporting to define when the parties would be deemed to have separated) construed as referring to their actual separation date; determination by way of construction; section 90DA Family Law Act The case of Cuo & Ming and Ors [2016] FamCA […]

Read more

Full Court of Family Court Considers Treatment of Allegations of Family Violence

Keywords: Children – Treatment of untested allegations of family violence at interim hearing – Allegations should not be ignored because they are contested – Mother successfully appeals interim order discharging earlier order for supervision of father’s time – Trial judge also did not consider father’s consent to […]

Read more

New Family Court Case on Relationship between Family Law Parenting and Intervention Orders

Children – Relationship between family violence order and parenting order– Family Court of WA determines whether text messages sent by father to mother contravened violence restraining order or were sent in “an emergency” pursuant to its contact order.   In Monaco & Daniels [2016] FCWA 35 (27 May 2016) […]

Read more

Court Looks At Meaning of “Public” In Relation To Publication of Proceedings

  Keywords: Publication of proceedings – Meaning of “the public” in s 121(1) of the Family Law Act – Court allows father to use family consultant’s report under s 11F in domestic violence proceedings – Child’s representations in the report differed from mother’s evidence in those proceedings In Miller & Murphy […]

Read more

High Court Upholds Appeal Court Ruling That Wife Not Entitled To Spousal Maintenance

Keywords: family law, spousal maintenance, interim spousal maintenance, appeal, financial resources, section 72, 72(1), section 75, section 75(2)(b), section 75(2)(o), spousal maintenance considerations, justice of the case.   The case of Hall & Hall [2016] HCA 23 (8 June 2016) was a family law hearing heard in […]

Read more

Full Court Increases Wife’s Contribution During Marriage as Trial Judge Overstated Her Earning Capacity During Marriage

Key words:  Property; contributions; contribution assessment; section 75(2) adjustment; adjustment from nil to 7.5 per cent;  In Wah & Golay [2016] FamCAFC 67 (7 April 2016) the Full Court of the Family Court heard the wife’s appeal against the trial judge’s decision concerning a $3.9 million pool and an […]

Read more

Mother’s Relocation from North Queensland to Brisbane Considered in Disabled Child’s Best Interests

Keywords: family law, parenting, child, relocation, special needs, autism, severely disabled, opposition, parenting capacity, best interest of the child, best interest of the children, s 60B, s 60CA, s 60CC, s 61DA Family Law Act. The case of Wright & Watson [2016] FCAA 127 (11 March 2016) […]

Read more

Family Court Finds No Error in Treating Husband’s Lottery Winnings as Soul Contribution of the Husband

Keywords:  Property settlement; section 79 of the Family Law Act;  lottery winnings; contributions; Introduction In the matter of Elford [2016] FamCAFC45 (29 March 2016) the Full Court of the Family Court consisting of Bryant CJ, Murphy CJ, Murphy & Cronin JJ, heard the wife’s appeal against a […]

Read more
Page 1 of 1112345...10...Last »