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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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Family Law and Property: Wife Fails in her Application for a Certificate Against Self-Incrimination

Background In the recent Family Court case of Field & Kingston [2017] FamCA 208 (7 April 2017) Hannam J dismissed the wife’s application at an interim hearing for a certificate against self-incrimination under s128 of the Evidence Act 1995 (Cth). The husband alleged that the wife, who […]

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Order for Twins to Live with Sperm Donor and his Former Male Partner

Background In the recent Western Australian case of Adair & Anor and Bachchan [2017] FCWA 78 (22 June 2017) Duncanson J heard an undefended application under Part 5 of the Family Court Act 1997 (WA) in respect of twin children aged four by Mr Adair and his […]

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Family Law & Children: The Potential Impact of Parental Alienation

Background The case of Lankester & Cribb [2018] FamCAFC 60 (6 April 2018) demonstrates the potential consequences of parental alienation. This includes but is not limited to moving the child from the primary care of one parent to the other, ordering sole parental responsibility and preventing the […]

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Property Division – Former Partner’s Share in Inheritance

Background In the recent case of Granger & Granger [2018] FCCA 51 (January 2018), Judge Terry considered a 40 year marriage where there was conflicting valuation evidence relating to a “rural lifestyle” home. The principal asset in a $15 million pool, the home was valued by single […]

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Binding Financial Agreement Considered Not Binding Due to Lack of “Independent” Legal Advice

Background In the recent case of Purdey & Millington [2018] FCCA 213 (7 February 2018) Judge Jones considered a Binding Financial Agreement (under the Family Law Act) between a 43 year old husband and a 33 year old wife. They married overseas in 2003, whereupon the husband […]

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Property Settlement: The Federal Court Broadens the Application of Capital Gains Tax Rollover for Marriage Breakdowns

Background In the recent case of Sandini v Commissioner of Taxation [2017] FCA 287, the husband and wife were involved in property settlement proceedings in the Family Court of Western Australia. Orders made by the Court in 2010 required the husband to transfer to the wife 2,115,000 […]

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Father Loses Appeal Against Order Allowing Mother’s Relocation

Background In Groth & Banks [2017] FamCAFC 206 (4 October 2017) the Full 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 of Melbourne to “Town […]

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