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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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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