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Child Support – Mother Unsuccessfully Appeals Decision of the Administrative Appeals Tribunal

Background to the Case In the recent case of Batson & Batson & Anor [2016] FCCA 2631 (delivered 12 October 2016 but published 30 May 2017) Judge Street heard the mother’s appeal in a case where she had applied for a child support assessment on 24 November […]

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Family Court Discharghes Father’s Recover Order on Appeal

Background In the recent case of Drew & Jensen [2017] FCCA 656 (13 April 2017) Judge Altobell considered an ex parte recovery order made by a Local Court. Father’s Submission The father obtained the initial order by alleging that the mother had escaped with their 5 years old […]

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Court Finds Relevant “Circumstances” Exist to Justify Setting Aside Property Consent Orders

Background  In the recent case of Blackwell & Scott [2017] FamCAFC 77 (28 April 2007), the Full Court of the Family Court (Aldridge, Kent & Watts JJ) heard Mr Blackwell’s appeal in a de facto property case where consent orders were first made in February 2014.   […]

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Court Declares Second Marriage Invalid under the Marriage Act

Background  In the recent case of Anouihl & Temke [2017] FamCA 325 (18 May 2017), Foster J heard an application by a married couple in a case where the parties were married in 2008 in a civil ceremony held at the Registry of Births, Deaths and Marriages […]

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Mother Not Granted Injunction Restraining Father From Storing Firearms

Background  In the recent case of Manson [2016] FCCA 3485 (delivered 9 September 2016, but published 22 May 2017) Judge Myers heard a case where parents of two children had agreed on parenting issues except for one relating to firearms. Mother’s Submission  The mother sought an order […]

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Father Fails in Application to Restrain Mother from Using her Maiden Name for Child

Background  In the recent case of Ambrose & Bead [2017] FCCA 681 (21 March 2017), Judge Henderson heard the father’s application for an injunction restraining the mother from using any name for their pre-school aged child (“X”) other than the child’s registered surname (“Ambrose”). The mother had […]

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Husband’s Appeal of Family Law Property Enforcement Order Granted to Wife Dismissed

Background In the recent case of Bebbington [2017] FamCAFC 31 (8 March 2017) Kent J heard the husband’s appeal in a case where consent orders were made in December 2015. The 2 December 2015 Consent Orders The relevant terms of the consent orders included that the husband […]

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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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