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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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Property: Pension Not To Be Counted As Part of Property Settlement

Background In the case of Surridge & Surridge [2015] FamCA 493, the trial judge, Foster J adopted a two-pool approach with the wife’s pension being a discrete second pool and the parties’ other superannuation and non- superannuation assets being in the primary pool. The wife was in […]

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Father Successful in Setting Aside Parenting Order Made in His Absence

Background In the recent case of Edmonds & Whyte & Anor [2017] FCCA 2733 (13 November 2017), the Federal Circuit Court of Australia handed down a decision setting aside a parenting order made final in the absence of a party to the proceeding. The decision was made […]

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Appeal of Bankruptcy Body to Set Aside Family Law Binding Financial Agreement Dismissed

Background In the recent case of Official Trustee in Bankruptcy & Galanis and Anor (2017) FLC 93-760, the Full Court dismissed an appeal by the Official Trustee in Bankruptcy (“Official Trustee”) against orders made by the Family Court of Australia. The Official Trustee sought to set aside […]

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Australian Couple Successfully Register US Order Pertaining Commercial Surrogacy Agreement

Background In the recent case of Sigley & SIgley [2018] FamCA 3 (10 January 2018), the Family Court of Australia held that Australian parents who had entered into a commercial surrogacy agreement in the USA, could register the American Court Order which gave them parenting rights over […]

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Applicant Permitted to Rely on Secret Audio Recordings in Family law Proceedings

Background In the recent case of Jasper & Corrigan (No. 2) [2017] FCCA 1467 (23 June 2017) Judge Altobelli was asked to determine the admissibility of conversations secretly recorded by the mother without the knowledge of the father. The substantive issue before the Court in this matter […]

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Vexatious Claim: Wife’s Leave to Appeal Refused Against Interim Injunction

Background In the case of Underwood & Underwood (2017) FLC 93-815, the wife sought leave to appeal against the order made by the primary judge granting an interim injunction enjoining her from continuing to seek any orders in proceedings commenced by her in the United States of […]

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Video Recordings of Family Violence Admitted Under Exception

Background In the case of Shelbourne & Shelbourne [2017] FamCA 761, the Father had recorded several videos of the Mother committing acts of family violence using his mobile phone. At first instance, his solicitors were successful in tendering the video recordings. This finding was made notwithstanding that […]

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Wife’s Application Filed Electronically After 4.30pm Accepted as Filed Before Husband’s Death Background

In the recent case of Whooten & Frost (Deceased) [2017] FamCA 975 (29 November 2017) , Justice Cronin explored the power of the Family Court to make orders following the death of a party to proceedings. The Wife (Wooten) and the Husband (Frost) had married in 2003 […]

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