Return of Child to non-Hague Convention Country Held To Be in Child’s Best Interests

Keywords:  Children – Child Abduction – non-Hague Convention country- best interests of the child   In the recent case of Acquaah-Akuffo & Abioye  [2016] FamCAFC 194 (4 November 2016), the Full Court decided, under Family Law Act 1975 (Cth) (the “Act”) section 60CC (outline what considerations determine the […]

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Family Court Grants Leave for Father to Present Further Evidence Whilst Pending a Final Judgment

Keywords: Children – parenting – parenting orders – new evidence – re-open case to permit further evidence – Application for Leave to reopen – further evidence to be adduced – additional evidence to be adduced whilst awaiting decision.   Introduction In the case of Stone & Clifford […]

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Appeal By Great Grandparents for Parenting Orders Dismissed as Vexatious and for Lack of Standing

Keywords:  Children – Dismissal under s 102QB of the Family Law Act of great grandparents’ application for time – Vexatious proceedings order also made – Majority of Full Court dismisses appeal with indemnity costs –  standing to apply for a parenting order as persons “concerned with the […]

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Binding Financial Agreement Not Unlawful For Duress As Wife Received Clear Advice Not to Sign

Keywords: Financial Agreements – Duress – Full Court overturns trial judge’s ruling that husband’s requirement that an agreement be signed before marriage amounted to duress – Wife’s “real difficulty” in proving duress; independent legal advice   Introduction The case of Kennedy & Thorne [2016] FamCAFC 189 (26 […]

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Court Sets Aside Binding Child Support Agreement Due to Misunderstanding of Essential Terms

 In Bassett & Teale [2016] FCCA 2177, the parties had been involved in costly litigation as a result of a Binding Child Support Agreement (the “Agreement”) concerning their two children for the better part of six and half years. Background In 2009 the parties were in an apparent […]

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Convicted Paedophile Father’s Appeal Against a No Communication Order

  Keywords: Family Law Act, s 60CE; paedophile father; no communication order; psychological harm    Introduction In Malak & Mairie (No. 2) [2016] FamCAFC 120 (6 July 2016) the Full Court (Murphy, Kent & Austin JJ) heard an appeal by the father who was serving an 18 year prison […]

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Same-Sex De Facto Partners Held to be “Parents” of Artificial Insemination Child

Keywords: Family Law; parenting; artificial insemination; Family Laaw Act, section 60.   Introduction The Family Law Act identifies children born as a result of artificial conception procedures under section 60H. The child’s parents are recognised by the following two elements: the woman was married to, or a […]

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Husband’s Appeal Against Order To Pay $12m from Family Business to Ex-Wife Upheld

  Keywords: Family Law Act, s79(2), 79(4); contributions; assessment of business assets; distribution of matrimonial property; appeal against original property orders.   Introduction The case of Turner and Anor [2016] FamCAFC 121 (8 July 2016) (May, Ainslie-Wallace & Cronin JJ) heard the husband’s appeal against an order […]

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Court Finds That Costs Order Against Mother In Contravention of Orders not in Child’s Best Interests

Keywords: Family Law Act, sections 60CC(3)(f).  70NFB, 70NFE, section 117; contravention; parenting orders; withholding child.    Introduction The case of Roffe & Huie [2016] FamFAFC 166 (19 August 2016), was heard in front of her Honour Judge May (“the appellate judge”).  This was an appeal brought by Mr […]

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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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