Mother Ordered By Court to Pay Back $4,142.73 In Child Support

The case of Hallis & Fielder [2017] FCCA 2851 dealt with the following question: whether the Federal Circuit Court would make an order under Section 143 of the Child Support (Assessment) Act to make orders directing one party to repay child support payments to another. Mr Hallis […]

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Court Refuses To Split Property After Breakdown of 5 Year Marriage

Background The case of Newbury & Perril [2017] FCCA 1490 examined how property should be divided following a short marriage. The issue was whether the Federal Circuit Court should make orders for property adjustment following the breakdown of the marriage. The parties were married in 2007 and […]

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Domestic Violence: Mother Loses Access Rights

In the recent case of Corwin & Corwin [2018] FamCA (26 April 2018), the Federal Circuit Court heard the mother’s appeal involving allegations of domestic violence, heavy marital conflict, emotional abuse and substance abuse. The mother lost her appeal against orders that gave the father of her […]

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Family Court Declares Stage 3 Treatment For Gender Dysphoria Deemed Therapeutic Background

Following the case of Re Kelvin children with gender dysphoria wishing to commence Stage 2 hormonal treatment no longer require Court authorisation to commence treatment. The case of Re Kelvin, however, was largely silent on whether Court approval was still required for Stage 3 treatment for those […]

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Court Finds No Parentage for Sperm Donors

Background In the recent case of Parsons and Anor & Masson [2018] FamCAFC 115, the Full Court of the Family Court held that sperm donors are not legal parents of children born via artificial technology using their sperm, regardless of the mother’s relationship status at the time […]

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Court Allows Girlfiend to Use Deceased Partner’s Sperm for Assisted Reproduction

Background In the recent case of Re Cresswell [2018] QSC 142 (20 June 2018), Justice Brown made orders allowing Ms Cresswell to use her deceased former partner, Mr Davies’ sperm and undergo IVF treatment. Ms Cresswell and the deceased Mr Davies had enjoyed a relationship for approximately […]

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Court Orders Sole Parental Responsibility Due to Parent’s Significant Personality Dysfunction

Background In the recent case of Shan & Prasad [2018] FamCAFC 12 (1 February 2018) the Full Court of the Family Court (Strickland, Ryan & Cronin JJ) heard the husband’s appeal against Judge Altobelli’s final order that the wife have sole parental responsibility for their two children […]

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Property Settlement – Unit Trust Controlled By Husband But Beneficially Owned By His Father Not Property

Background In the recent case of Harris & Dewell & Anor [2018] Fam CAFC 94 (25 May 2018), the Full Court of the Family Court of Australia considered an appeal from a judgement of a Family Court judge. The parties had been married 24 years. The wife […]

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Mother Loses Appeal Against Refusal of Permission For Her Relocation To New Zealand

Background In the recent case of Molloy & Reid [2018] FamCAFC 89 (11 May 2018) the Full Court of the Family Court (Thackray, Murphy & Aldridge JJ) heard the mother’s appeal against an order made by Tree J (primary Judge) in 2010 refusing her permission to relocate […]

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Family Law Undertaking – Application of Wife’s Legal Representative Against Husband For Contempt Dismissed

An undertaking is a promise to the Family Court of Australia (or Federal Circuit Court of Australia). It is as binding as an order of the Court. Where a person gives an undertaking that they will take, or refrain from taking a certain action, the Family Court […]

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