Full Family Court Overturns Order Staying Canadian Child Maintenance Liability

In the recent case of Child Support Registrar & Vladimir and Anor [2017] FamCAFC 56 (31 March 2017) a Canadian Court made maintenance orders in 2011 and 2013 in favour of the mother (who lived in Canada) against the Australian resident father, which in 2014 were registered […]

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Wife Wins Appeal Against Exclusion of Her Evidence as to Family Violence

In a recent case of Britt [2017] FamCAFC 27 (27 February 2017), the Full Court (May, Aldridge & Cronin JJ) heard Ms Britt’s appeal against Judge Terry’s order by which the asset pool of $2.2 million was divided as to 44.95 per cent to the wife and 55.05 per cent […]

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Wife’s Application for Order Setting Aside Binding Financial Agreement Dismissed

In a recent case of Kapsalis [2017] FamCA 89 (23 February 2017), Justice Rees heard the wife’s application for an order that a Binding Financial Agreement be set aside. In 2003, the parties began living together and made a “Cohabitation Agreement” on 19 March 2004. The parties […]

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Wife Declared Owner of the Parties’ Dog in Family Law Proceedings

  In a recent case of Downey & Beale [2017] FCCA 316 (2 February 2017) Judge Harman heard a property case where the husband and wife were able to reach agreement regarding all financial issues between them except for one issue with respect to the ownership of […]

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Family Court Dismisses Application for Adoption of Child as an Abuse of Court Process

In the recent case of Suttikul and Anor & Suttikul and Ors [2017] FamCA 70 (3 February 2017), an Australian married couple were applicants in pending proceedings before the Supreme Court of NSW for the adoption of the wife’s niece, aged 17 years. The niece is a […]

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Court Satisfied of Miscarriage of Justice and Parties Had Impliedly Set Aside Property Consent Orders between the Parties

In the recent case of Waterman [2017] FamCAFC (8 February 2017) the wife appealed against Judge Newbrun’s dismissal of her application under section 79A of the Family Law Act (to set aside family law financial orders) in the Full Court (Bryant CH, Murphy J, and Kent JJ). […]

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Federal Circuit Court of Australia Orders: De Facto Husband to Receive No Adjustment

In the recent case of Newland & Rankin [2017] FCCA 210 (9 February 2017) the applicant alleged that he was in a de facto relationship with the respondent for over 8 years, while the respondent said that their relationship was barely 2 years. The parties commenced a […]

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High Court Confirms Children’s Wishes Not Sole Determinant in Parenting Proceedings

In the recent case of Bondelmonte v Bondelmonte & Anor [2017] HCA 8 (13 December 2016), the High Court of Australia held that both children aged 15 and 17 were not allowed to live with father as they wished. In 2010, when the parents separated, the Family […]

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Full Court Found No Error in Court’s Refusal to Notionally Add Back Net Losses Caused by Husband

In the recent case of Charles [2017] FamCAFC 3 (12 January 2017) the Full Court of the Family Court (Bryant CJ, Thackray & Bennett JJ) heard the wife’s appeal against Judge Stewart’s property adjustment orders made after a 10 year marriage. The wife (37) was the primary […]

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Trial Judge Erred in his Approach to the Parties’ Informal Property Agreement

  In the recent case of Maine [2016] FamCAFC 270 (22 December 2016), the wife appealed in the Full Court of the Family Court (Ryan, Murphy, and Kent JJ) against Judge Vasta’s order that the parties’ assets be divided as to 65% to the wife and 35% […]

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