Court Rules That It Was Not Just and Equitable to Sell Matrimonial Home after Husband’s Death

Keywords: Family Law Act, section 79(2) and 79(8)(b); property distribution; property distribution following death; just and equitable property distribution.   Introduction  The recent case of Paxton & Paxton [2016] FCCA 1689 (7 July 2016) heard by Judge Wilson, gave insight as to when the  Court will refuse […]

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Family Court Rules with Mum as Primary Caregiver And Allowed Her to Relocate to Perth

 Introduction  In the case of  Warner [2016] FCCA 1887 (29 January 2016), the Court considered an interim application for relocation which was filed by the mother who was planning on moving from Sydney to Perth with her new partner, “with or without” her school age children.  The children had […]

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Family Court Rules Exposure to Indigenous Culture Not Necessarily in Child’s Best Interests

Introduction  In the matter of Lokare v Baum (2016) FamCAFC 135 the Full Court of the Family Court of Australia considered the father’s appeal that argued that the court had failed to properly apply section 61F of the Family Law Act 1975 (the “Act”) which legislates that “the […]

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Relocation Case Clarifies Meaning of Parents’ Involvement in a Child’s “Daily Routine”

Key Words: Family Law; Relocation; “Substantial and Significant Time”; “Daily Routine”; s 65AA(3)(b)(i) of Family Law Act 1975   Introduction The case of Ulster & Viney [2016] FamCAFC 133 (28 July 2016) heard in the Full Court (Strickland, Ainslie-Wallace & Ryan JJ) considered what is meant by […]

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Family Court Rules on Security of Costs in Family Extradition Proceedings

Key Words: Family law, Family Law Act 1975, section 65Y, section 121, section 68B, child taken overseas, publication, restriction on publication, injunction, sequestration order, costs, appeal.   Introduction The case of Sullivan & Tyler and Anor (No. 2) [2016] FamCAFC 131 (20 July 2016) (‘Sullivan & Tyler’) was an […]

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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 […]

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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 […]

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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 […]

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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 […]

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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) […]

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