Blog

Property – Husband Sentenced to Imprisonment for Fleeing the Country to Avoid Paying His Wife

Background In the recent case of Okien & Nhan [2017] FamCA 707 (8 September 2017) a property case began late in 2016 was marked by non-disclosure by the husband where much of the asset pool was overseas. The wife filed an urgent application on 15 August 2017 […]

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Property Distribution of Childless Marriage: Error in Trial Judge’s Approach

Background In the recent case of Anson & Meek [2017] FamCAFC 257 (7 December 2017) the Full Court of the Family Court of Australia (Murphy, Aldridge & Cleary JJ) heard the husband’s appeal against Judge Hughes’s property order in a case between a childless couple who were […]

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Court Not Obliged To Accept Family Consultant’s Opinion – Mother Permitted To Relocate

Background In the recent case of Wendland [2017] FamCAFC 244 (21 November 2017) the Full Court of the Family Court of Australia (Ainslie-Wallace, Ryan & Aldridge JJ) heard the father’s appeal against Judge Vasta’s order that permitted the mother (who had worked for the Australian Defence Force […]

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Wife Successfully Objects to Producing Financial Records of Mother’s Trust – Subpoena Set Aside

Background In the recent case of Kelton & Brady and Anor [2017] FamCAFC 186 (7 September 2017) FamCAFC 186 (7 September 2017) Murphy J (sitting in the appellate jurisdiction of the Family Court) heard the husband’s appeal of an order of Judge Cassidy that set aside a […]

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Children: Mother Who Had Engaged in Parental Alienation Loses Appeal Against Order That The Children Live With Father

Background In the recent case of Ralton [2017] FamCAFC 182 (7 September 2017), the Full Court of the Family Court (Bryant CJ, Strickland & Aldridge JJ) heard the mother’s appeal against Judge Riethmuller’s order that 10-year-old, “B”, and 8-year-old, ‘C’, children, live with their father, notwithstanding that […]

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Gender Dysphoria: Victory in the Family Court for Transgender Children

In the recent case of Re Kelvin [2017] FamCAFC 58 (30 November 2017), the Full Court of the Family Court of Australia heard an application by the applicant’s father concerning the administration of stage 2 medical treatment for Gender Dysphoria for his then 16 years old child, […]

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Mother’s Application to Relocate with Children and Spouse to New Zealand Dismissed

Background In Masson & Parsons and Anor [2017] FamCA 789 (3 October 2017) Cleary J heard applications by three parties for parenting orders in respect of two children, girls aged 10 (‘B’) and almost nine (‘C’). The children lived with their mothers known to them as ‘Mummy’ […]

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Order for Distribution of Sale Proceeds Set Aside: Lacked Provision for Adjustments if the Home Sold for More or Less than its Valuation

Background In Goudarzi & Bagheri (No. 2) FamCAFC 190 (15 September 2017) the Full Court of the Family Court (Thackray, Ryan & Forrest JJ) heard the wife’s appeal against Cleary J’s property order at first instance, which effected an overall property division of 55 per cent to […]

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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 of the Family 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 […]

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Inappropriate Pre-Nup Set Aside By the High Court of Australia in Landmark Ruling

In the recent case of Thorne v Kennedy [2017] HCA 49, the High Court of Australia (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, and Endelman JJ) heard the appeal by the wife against the decision of the Full Court of the Family Court of Australia. This was […]

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