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Procedural Fairness in the Family Court

Introduction According to the Australian Law Reform Commission, procedural fairness means acting fairly in administrative decision making. It relates to the fairness of the procedure under which a decision is made, and not the fairness in a substantive sense of that decision. The High Court has confirmed […]

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Dispute Between Genetic Parents and Surrogate

Background In the recent case ofLamb and Anor & Shaw [2018] FamCA 629, the Court of Appeal clarified the law surrounding surrogacy in Queensland. In this matter two parents whose biological child was birthed via surrogate in Australia were unable to be legally recognised as the parents […]

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Family Court Denies Jewish Man’s Request For Religious Divorce

Background In the recent case of Idelsohn & Idelsohn [2017] FamCA 398 (11 May 2017), the Family Court of Australia preserved national secularism when an application by an Orthodox Jewish husband to force his wife to grant him a Jewish divorce, was refused. After 15 years of […]

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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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