Order requiring mother to relocate is set aside

The case of Adamson & Adamson [2014] FamCAFC 232 (3 December 2014) was an appeal from parenting orders, and, in particular, requiring the appellant the mother to relocate the parties’ child to an area near the respondent’s residence.  The appeal was allowed. The Full Court (Ainslie-Wallace, Murphy […]

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Family Law Amendment (Family Violence and other Measures) Act 2011

The Family Law Amendment (Family Violence and other Measures) Act 2011 amended the Family Law Act 1975 designed to help protect children from harm and improve the family law system’s response to family violence and abuse. The reforms  came into operation on 7 June 2012 Anna Parker and Dr Adiva Sifris […]

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Property settlement – Treatment of a redundancy payment with “taxation implications”

In Diggelen & Diggelen [2014] FamCAFC (1 September 2014) the Full Court (Strickland, Ainslie-Wallace & Ryan JJ) considered Johnston J’s decision to treat a $459,199 payment that the husband had received from his employer for “accrued annual leave, long service leave, severance payment and ETP” at [25] […]

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Victorian Royal Commission into Family Violence

The Victorian Royal Commission into Family Violence announced by the Victorian Government is underway.  The terms of reference for the Royal Commission will be wide-reaching.  To see an extract of the terms of reference please follow the link below: http://www.premier.vic.gov.au/family-violence-royal-commission-formally-established

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Recent legislative developments in Family Law: Australian Citizenship Amendment (Intercountry Adoption) Bill 2014

The Australia Citizenship Amendment (Intercountry Adoption) Bill 2014 amends the Australian Citizenship Act 2007 to extend citizenship to children adopted directly from a country that is not a signatory to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. These include South […]

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Victorian initiatives to combat rising family violence

This month’s edition of the Victorian Law Institute Journal includes a cover story on recent initiatives to deal with what is a disturbing trend: a rise in incidents of family violence. Among the initiatives is the establishment of a Royal Commission into Family Violence (to be led […]

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Interim Order for supervision of father’s time with child set aside

In the case of Garraghan & Westerfield (No 2) FamCAFC 96 ( 6 June 2014). Ryan J, exercising appellate jurisdiction allowed the father’s appeal against an interim order for supervision of his time with his young child. The parties had never married.  They commenced cohabitation in 2006 and […]

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Magistrates to receive family violence training in Victoria

An interesting article that appeared in the Sydney Morning Herald written by Jamie Lee: Chief Magistrate Peter Lauritsen said all magistrates would attend a two-day training course at the Judicial College of Victoria next year. Magistrates are often at the coalface of disputes between family violence victims […]

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Australia not a `clearly inappropriate forum’ even though divorce order may not be recognised in India

In the case of Jasmit & Jasmit [2014] FCCA (12 June 2014) the issue revolved around whether Australia had jurisdiction to hear a divorce application.  The parties’ had been married in India. The wife had returned to India after the parties moved to Australia. The husband filed […]

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Long distance defacto relationship held to exist – separation by email

In the case of Cadman & Hallett [2014] (11 August 2014) the Full Court of the Family Court dismissed an appeal by Mr Cadman against a decision made by the original trial judge as to the length of a defacto relationship between himself and Mr Hallett.  Mr […]

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