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Full Court of Family Court Considers Treatment of Allegations of Family Violence

Keywords: Children – Treatment of untested allegations of family violence at interim hearing – Allegations should not be ignored because they are contested – Mother successfully appeals interim order discharging earlier order for supervision of father’s time – Trial judge also did not consider father’s consent to […]

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New Family Court Case on Relationship between Family Law Parenting and Intervention Orders

Children – Relationship between family violence order and parenting order– Family Court of WA determines whether text messages sent by father to mother contravened violence restraining order or were sent in “an emergency” pursuant to its contact order.   In Monaco & Daniels [2016] FCWA 35 (27 May 2016) […]

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Court Looks At Meaning of “Public” In Relation To Publication of Proceedings

  Keywords: Publication of proceedings – Meaning of “the public” in s 121(1) of the Family Law Act – Court allows father to use family consultant’s report under s 11F in domestic violence proceedings – Child’s representations in the report differed from mother’s evidence in those proceedings In Miller & Murphy […]

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High Court Upholds Appeal Court Ruling That Wife Not Entitled To Spousal Maintenance

Keywords: family law, spousal maintenance, interim spousal maintenance, appeal, financial resources, section 72, 72(1), section 75, section 75(2)(b), section 75(2)(o), spousal maintenance considerations, justice of the case.   The case of Hall & Hall [2016] HCA 23 (8 June 2016) was a family law hearing heard in […]

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Full Court Increases Wife’s Contribution During Marriage as Trial Judge Overstated Her Earning Capacity During Marriage

Key words:  Property; contributions; contribution assessment; section 75(2) adjustment; adjustment from nil to 7.5 per cent;  In Wah & Golay [2016] FamCAFC 67 (7 April 2016) the Full Court of the Family Court heard the wife’s appeal against the trial judge’s decision concerning a $3.9 million pool and an […]

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