Court Rules $90,000 Withdrawal Not be a “Add Back” as Wife Naive Rather than Reckless

In the recent case of Martin & Wilson [2016] FCCA 235 (11 February 2016), Judge Phipps dealt with an 11 year de facto relationship where the respondent (Ms Wilson) withdrew $90,000 of superannuation at the commencement of the litigation but lost it as part of a failed business venture. The […]

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Court Determines Health Issues Only a Factor in Property Proceedings when Life Expectancy Determinable

Keywords: property; future needs; spousal maintenance; section 75(2); illness; life expectancy; renal failure; diabetes. The case of Fontana & Fontana [2016] FamCAFC 11 (9 February 2016), was an appeal to the Full Court of the Family Court of Australia by the husband from an earlier hearing of […]

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Adjustment in Favour of Wife in Property Proceedings Notwithstanding the Husband’s Significant Financial Contributions

Key Words:  property proceedings; contributions; section 75(2) of the Family Law Act; In the recent Family Court of Western Australia case of Telfer [2016] FCWA 2 (4 January 2016), Walters J had to consider a seven year marriage where there was two children (aged 6 and 8) and $4.25 […]

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Mother Allowed To Relocate After Considering 11 Year Old Daughter’s Best Interests

Keywords: Best interests of the child; relocation In Timms & Payton [2015] FCCA 3324 (18 December 2015) Judge Altobelli heard the applicant mother’s request to relocate with the parties’ 11 year old daughter (“X”) from one location in New South Wales to another location in New South Wales “in excess […]

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Failure to Provide Full Disclosure Confirmed as a Ground for Setting Aside Property Consent Orders

Keywords: Consent orders; full and frank disclosure; informed consent; miscarriage of justice; section 79A; property orders; disclosure. The case of Pearce & Pearce [2016] FamCAFC 14 (11 February 2016) was an appeal brought by the husband against the orders of Justice Dawe (“trial judge”) of the Family […]

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Family Court Upholds an Appeal That Children Were Habitually Resident in Finland and Should Be Returned

The case of Commonwealth Central Authority & Cavanaugh [2015] FamCAFC 233 (11 December 2015) was an appeal brought by the Commonwealth Central Authority against the orders of Deputy Chief Justice Faulks (“trial judge”) of the Family Court of Australia. The trial judge had to determine whether children […]

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Full Court of Family Court Confirms There Can Be Two Types of Financial Agreement in One Document

Key Words: Financial agreements; de facto partners; Part VIIIA and Part VIIIAB financial agreement;  validity of certificate of legal advice Introduction In Piper & Mueller [2015] FamCAFC 241 (18 December 2015) the Full Court of the Family Court (Ryan, Murphy & Aldridge JJ) heard an appeal against Judge Willis’ decision in Piper & Mueller [2014] […]

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Father Wins Appeal Against Decision That His Overnight Contact Posed Risk

In Safir [2016] FamCAFC 3 (28 January 2016), Ryan J heard an appeal and found an error in a family law parenting order that gave the father unsupervised time with a 10 and 6 year old during the day, but provided no overnight time due the risk […]

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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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