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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Counselling Sessions Revealing Possible Child Abuse and Family Violence Deemed Admissible Evidence By Family Court

The case of Douglas & Mauldon [2015] FCCA 2217 (17 August 2015) was a Federal Circuit Court of Australia case about parenting matters between the Applicant wife and Respondent husband.  The case involved objections to documents requested by way of subpoena.  The subpoena requested information from The […]

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Family Court Eases Injunction Against Wife Using Husband’s Business Funds

Introduction The case of Cao & Hong [2015] Fam CA 884 (22 October 2015) was heard by Forrest J regarding an application by the wife to vary injunctions that were made by Judge Coates. The parties’ assets totaled at least $200 million, their wealth were being held […]

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Appeal Court Confirms Family Reports Do Not Need To Be Written By A “Family Consultant”

The case of Mullaly & Beddoe [2015] FamCA 891 (23 October 2015) was a Family Court of Australia application in a case in relation to parenting and property matters between a separated husband and wife. The wife wanted to relocate with the parties’ child to the United States of […]

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Family Court Appeal Highlights Difference Between Order And Undertaking In Parenting Case

In Solonose & Squires [2015] FamCAFC 190 (30 September 2015), Strickland J heard an appeal of the father against orders that were made by Judge Connolly on the application of the mother. Although most of the father’s appeal was unsuccessful, the appeal court did upheld an appeal in relation to […]

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Family Law Property Decision Does Not Need To Express Mention It Provides For A “Just And Equitable” Distribution

The case of Hearne v Hearne [2015] FamCAFC 178 (16 September 2015) was an appeal by the husband to the Full Court of the Family Court of Australia from a decision by Judge Harman of the Federal Circuit Court of Australia. The matter involved settlement of property after a […]

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Court Considers Application for Family Law Property Orders Out Of Time

The case of Mackrell [2015] FCCA 1996 (29 July 2015) involved the wife’s application for leave to apply for a property order that was 16 months out of time. The parties attended mediation in 2011 and subsequently entered into an informal property settlement that was to be entered into consent […]

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Court Determines Validity of De Facto Cohabitation Agreement Where No Certificate of Independent Legal Advice Produced

The case of Franklin v Ennis [2015] FCCA 2099 (6 August 2015) was an application to the Federal Circuit Court of Australia for settlement of financial matters between an estranged de facto couple.  The Respondent claimed that the couple had entered into a cohabitation agreement under state […]

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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 […]

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