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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Wife’s savings relevant when considering all the children’s expenses – interim order set aside

In the case of Padnall & Padnall [2014] FamCAFC 145 (14 August) Strickland J, exercising appellate jurisdiction, permitted the husband’s appeal against an order made by Simpson FM (as his Honour then was) that he be required to pay the wife (who had three children in her […]

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Settlements following a relationship breakdown

The sorting out of parenting arrangements and the distribution of property following the breakdown in a relationship is inevitably a stressful time, but can also end up being a time- consuming (and costly) process. Over the past decade or so, the law has required disputes over parenting […]

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New Tax ruling could add costs to divorce financial settlements

Divorce and the associated financial settlements can be a difficult time both emotionally and economically at the best of times. Now under a new Australian Taxation Office (ATO) taxation ruling the process can be even more taxing in some cases. With the issue of its tax ruling […]

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WHY FINANCIAL AGREEMENTS UPON A RELATIONSHIP BREAKDOWN MUST BE DONE PROPERLY

When a marriage or de facto relationship breaks down irretrievably, one thing that needs to be done to enable the parties to move on with their lives is to divide up their assets. Certainly there is the possibility that a dispute between parties over the division of […]

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Relocation to Pilbara from Perth – Mother wins appeal

In the case of Jurchenko & Foster [2014] FAMCAFC 127 (18 July 2014) The Full Court (Bryant CJ, Thackray & Duncanson JJ) upheld the appeal of a mother against Kaeser AM’s dismissal at first instance of her application to relocate. The parties had separated before the child […]

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International Child Protection Convention

The Child Protection Convention provides for international co-operation between convention countries to recognise protective measures for children. This includes recognition and enforcement of protection measures (such as court orders) made in one convention country in other convention countries. The aims of the convention is to assist countries […]

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