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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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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