Family Court Lifts Injunction Allowing Husband To Use Law Firm That Lawyer From Wife’s Firm Had Joined

In Osferatu [2015] FamCAFC 177 (15 September 2015), the husband appealed from an injunction that restrained Barkus Doolan from acting for him, where a solicitor (“Mr F”) joined that firm having previously worked for the wife’s solicitors, Watts McCray. It was common ground that Mr F did […]

Read more

Mother’s Removal of Child Without Consent During Parenting Application Confirmed As Unlawful, With Child Support Implications

The case of Duckett v Robinson [2015] FCCA 2275 (11 August 2015) was an application in a case made by the father for a stay order so the father did not have to pay child support payments to the mother.  Previously, the Court had made orders that […]

Read more

Validity of Binding Financial Agreement upheld on Appeal

In the interesting recent decision of Bilal & Omar [2015] FamCAFC 30 (27 February 2015) the Full Court allowed the husband’s appeal against a decision at first instance that a Binding Financial Agreement was invalid under section 90C of the Family Law Act on the basis that […]

Read more

Proposed Changes to the Family Law Act for Binding Financial Agreements

The Family Law Branch of the Australian Attorney-General’s Office has released a consultation paper outlining proposed changes to the Family Law Act (“the Act”) dealing with binding financial agreements. A binding financial agreement, or “BFA”, allows married or de facto couples to come to an agreement on […]

Read more

Was there a reasonable excuse for a contravention of a family law parenting order?

In the recent case of Tindall & Saldo [2015] FamCAFC 1 (9 January 2015) the Full Court of the Family Court of Australia overturned a first instance that a mother did not have a reasonable excuse for contravening a parenting order for her child. Under the Family […]

Read more

Is it always in the child’s best interest to spend time with both parents?

Section s 60CC of the Family Law Act 1974 outlines how a court determines what is in a child’s best interest.  What is in the child’s best interest is a paramount consideration of the Family Court. In determining a child’s best interests the court must have regard […]

Read more

Legislative changes – Removing time limitations for child abuse victims

The Limitation of Actions Amendment (Child Abuse) Bill Vic 2014 has passed both houses of the Victorian Parliament and is now awaiting assent. The Bill will provide greater access to justice for child abuse victims, removing time limitations to civil claims for damages. Currently, time limitations are […]

Read more

Was it an abuse of process to commence property distribution proceedings?

Stevens & Stevens [2015] FCCA 63 (15 January 2015) involved an 87 year old husband admitted by his son to an aged care facility on the Gold Coast and then removed and placed in another one in New Zealand. In 2011 the Queensland Civil and Administrative Tribunal appointed […]

Read more

De facto relationship failed to be proved

Under s 4AA (1) of the Family Law Act 1975 a person is in a de facto relationship with another person if: (a)    the persons are not legally married to each other; and (b)   the persons are not related by family; and (c)    having regard to all […]

Read more

Family Violence Screening Pilot

The Family Court of Australia and the Federal Circuit Court of Australia will be implementing a Family Screening Tool Pilot for child dispute services in order to further improve the screening process of family violence.  The pilot is a result of the Courts commitment to the early […]

Read more
Page 10 of 16« First...89101112...Last »