Father Loses Appeal Against Order Allowing Mother’s Relocation

Background In Groth & Banks [2017] FamCAFC 206 (4 October 2017) the Full Court of the Family Court (Bryant CJ, Ryan & Aldridge JJ) heard the father’s appeal against Thornton J’s final order permitting the mother to relocate the parties’ 6 year old son from a suburb […]

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Inappropriate Pre-Nup Set Aside By the High Court of Australia in Landmark Ruling

In the recent case of Thorne v Kennedy [2017] HCA 49, the High Court of Australia (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, and Endelman JJ) heard the appeal by the wife against the decision of the Full Court of the Family Court of Australia. This was […]

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Mother Wins Appeal Against Decision to Set Aside Binding Child Support Agreement

Background In the recent case of Telama & Telama (No 2) [2017] FamCAFC 194 (15 September 2017) the Full Court of the Family Court of Australia (Ryan, Kent & Cleary JJ) heard the payee mother’s appeal against Judge Henderson’s decision to set aside a Binding Child Support […]

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Property – No Error was Identified Against a Declaration of De Facto Relationship

Background In the recent case of Cuan & Kostelac [2017] Fam CAFC 188 (12 September 2017) the Full Court of the Family Court (Strickland, Aldridge & Loughnan JJ) heard Ms Cuan’s appeal against Judge Baumann’s declaration that she and Mr Kostelac had lived together in a de […]

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Application for Review of Registrar’s Refusal to List Application for Recovery Order as Urgent Dismissed

Background In the recent case of Quong & Rush [2017] FCCA 1765 (2 August 2017) upon the separation of the parties in January 2017 the father moved 680 kilometres away with the parties’ 12 year old son. On 19 July 2017 the mother applied for a recovery […]

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Property: Adjustment of 15 per cent to Wife Due to Primary Stay-at-Home Parent and Homemaker for 25 years.

Background In the recent case of Gully & Aksoy [2017] FCCA 118 (1 September 2017) Judge Henderson heard an application for property orders in a case of a 22 year marriage between a 52 year old homemaker wife and a 51 year old breadwinning husband. Of their […]

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Full Court of the Family Court Dismisses Appeal: Confirms Married Man and Former Sex Worker were in a De Facto Relationship for 18 months

Background In the recent case of Sha & Cham [2017] FamCAFC 161 (16 August 2017) the Full Court of the Family Court of Australia (Bryant CJ, Ainslie-Wallace & Cronin JJ) heard Mr Sha’s appeal against the primary judge (Johnston J)’s finding that he had been in a […]

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Full Family Court Finds Exclusion of After-Acquired Property from Consideration was an Error of Principle

Background In the recent case of Holland [2017] FamCAFC 166 (9 August 2017) the Full Court of the Family Court of Australia (Ainslie-Wallace, Murphy & Aldridge JJ) heard the wife’s appeal against a property order in a case where the parties cohabited for 17 years and had […]

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Commercial International Surrogacy: Family Court Determines No Evidence of ‘Parentage’ of the Child

Background In Bernieres and Anor & Dhopal and Anor [2017] FamCAFC 180 (1 September 2017) the Full Court of the Family Court of Australia (Bryant CJ, Strickland & Ryan JJ) heard an appeal by a married couple against Berman J’s refusal to make a declaration of parentage […]

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Husband Not Allowed to Withheld Proceeds on Accounts of Capital Gains Tax (CGT) as a “Legal Cost of Sale” in Family Court Proceedings

Background In the recent Family Court case of Kelby [2017] FamCA 438 (26 June 2017) McClelland J considered a partial property settlement order made by Rees J in August 2016. This initial order required the husband to pay the wife $250,000 within 28 days, failing which he […]

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