Family Court Allows Appeal for Property Settlement Application Out of Time

Key Words: Family law, property settlement; out of time; section 44, hardship, leave for out of time application. The case of Slocomb v Hedgewood [2015] FamCAFC 219 (12 November 2015) was a Family Court of Australia (“FCA”) Full Court hearing to determine leave to appeal a decision made by […]

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Family Court Orders Therapeutic Counselling and For the Mother to Stay in Australia

Key Words: Children;  alienation; therapeutic counselling; best interests of the children, application for visa for child In Sandford & Cobb [2016] FamCA 11 (20 January 2016), the mother applied to have a transfer of a parenting proceeding from Brisbane to Townsville, along with interim orders to quickly […]

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Financial Agreement Held Binding Despite One Party Signing Pre-Marriage and the Other Post-Marriage

KEY WORDS: Binding Financial Agreements – s 90B Family Law Act 1975 – Agreement declared binding  under s 90G(1B) as opposed to s 90G(1) In Manner [2015] FCCA 3043 (18 November 2015), Judge Jarrett heard a case where the wife sought a declaration that a financial agreement under section 90B […]

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Court Confirms That Income from a Loan Agreement Is Income for Child Support Assessment Purposes

KEY WORDS: Child Support; Social Security Appeals Tribunal; unreasonableness, WednesburyUnreasonableness, financial resources In Baylden & Anor [2015] FCCA 2886 (29 October 2015), the father appealed against a Social Security Appeals Tribunal (“SSAT”) decision on various grounds, one of which was that the SSAT made an erroneous finding […]

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Full Court Finds No Error In An Interim Injunction To Preserve Assets Pending Determination Of Jurisdiction

Keywords: Interim Injunctions;  Jurisdiction, Binding Financial Agreements; Family Law Act 1975 (Cth) Background In Teh & Muir [2015] FamCAFC 224 (2 December 2015), the Full Court heard an appeal by a 36 year old Ms Tey against an interim asset prevention order that was made by Dawe J. The appellant […]

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Family Court Confirms the Need for Clear Terms in Property Consent Orders which Particularise Parties’ Intentions

Key Words Property settlement; consent orders; interpreting consent orders; construction of consent orders; consent orders evincing an intention; interpreting a contract. The case of Dace & The Estate of the Late A Dace [2015] FamCAFC 215 (12 November 2015) was a Family Court of Australia (“FCA”) appeal […]

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Mother’s Appeal Against the Return of Her Child to Norway Dismissed Despite her Anxiety and Depression

Key Words Children – Hague Convention – grave risk – mother’s anxiety – depression – abduction Introduction In Hilton & Department of Family and Community Services [2015] FamCAFC 223 (26 November 2015), the Full Court heard the mother’s appeal against an order that was made earlier by […]

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Court Considers Late Lodgement of Tax Returns Bars Departure from Child Support Obligations

Key Words Child Support; Child Support (Assessment) Act 1989; administrative assessment; departure order; child support liability; failure to lodge tax returns; deemed income The case of Dalton & Munro & Anor [2015] FCCA 2945 (24 June 2015) was a Federal Circuit Court of Australia case heard by […]

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Family Court Considers Division of Property after Transfer of Property by Husband’s Father on Trust

The recent case of Bagby [2015] FamCAFC 209 (6 November 2015) was an appeal of the husband from a property order made by a judge in the Magistrates Court of Western Australia involving a 25 year marriage. The asset pool comprised of land that was owned by the husband’s father. […]

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Inherent Power of The Court to Enforce Substantive Family Law Orders Confirmed

In Fan & Lok [2015] FamCA 816 (1 October 2015) Rees J heard an application by the deceased wife’s executor to enforce a Binding Financial Agreement (“BFA”) against the husband. The BFA provided that upon the death or separation of the wife, the husband was to sell […]

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