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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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Wife Declared Owner of the Parties’ Dog in Family Law Proceedings

  In a recent case of Downey & Beale [2017] FCCA 316 (2 February 2017) Judge Harman heard a property case where the husband and wife were able to reach agreement regarding all financial issues between them except for one issue with respect to the ownership of […]

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Family Court Dismisses Application for Adoption of Child as an Abuse of Court Process

In the recent case of Suttikul and Anor & Suttikul and Ors [2017] FamCA 70 (3 February 2017), an Australian married couple were applicants in pending proceedings before the Supreme Court of NSW for the adoption of the wife’s niece, aged 17 years. The niece is a […]

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