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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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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