Grandmother’s parenting application opposed by parents – dismissal

Penn & Haughton & Anor [2013] FCCA 1941 In this case a paternal grandmother had lodged an application for the children to spend time with her.  The children’s parents were “implacably opposed to the children spending time with [her]”.  There had been no relationship with grandmother since […]

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`Sign the pre-nup, or the marriage is off!’ – unconscionable conduct

Judge Phipps set aside a s90B financial agreement in the case of Parkes v Parkes [2014] FCCA 102,  that had been made just two days before the parties’ wedding.  The husband had raised the issue of a pre-nuptial agreement three days before their pre-arranged wedding date. The husband […]

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Appeal against property orders allowed

Vadisanis & Vadisanis and Anor [2014]FamCAFC97 -12/6/2014 The case was an appeal by the wife against the property orders made at trial by Fowler J. The question of whether the “intervener” (the mother of the husband “V”)  had the benefit of a resulting trust, implied or constructive […]

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Adjustment to Property Order due to Wife’s Contribution During Marriage

Marsh v Marsh  [2014] FamCAFC 24 (25 February 2014) The Full Court of the Family Court llowed the wife’s appeal against an earlier property order, The case involved a 21 year marriage with three children. where the parties had been separated for 10 years, The property pool […]

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Rejection of Approach of attributing Percentages to Property Contributions

Bolger & Headon [2014] FamCAFC 27 (27 February 2014) The Full Court of the Family Court allowed H’s appeal against a 51/49 property order in his favour. There was no children to the marriage, however there was a  a net  property pool of $1.5 million. The husband’s initial […]

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Consent Order for Equal Time Discharged upon Commencement of Primary School

Case of Meyer & Shipton (No. 2) [2013] FCCA 2198 (19 December 2013) There had been a consent order in place for the parties’ son for three years, providing the parties’ for equal access, despite the parties living approximately one hour’s drive from each other. This worked well, but […]

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Status of Unwritten Parenting Agreement Tested

Case of Bevan [2014] FamCAFC 19 (19 February 2014) According to the the Full Court of the Family Court: “The primary issue [was] whether [the trial judge] erred in concluding it was just and equitable to alter existing property interests when the parties had largely lived apart for 18 years […]

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Parental Responsibility for Certain Issues can be Sole or Joint

Case of Doherty [2014] FamCAFC 20 (19 February 2014) In this case, the Full Court of the Family Court dismissed the father’s appeal against an order made by Demack FM as to parental responsibility which was made “sole” as to some issues but otherwise to be equally shared. After […]

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Valuing Family Businesses may require looking beyond the Hypothetical Prudent Purchaser

Case of Ledarn & Ledarn [2013] FamCA 858 (1 November 2013) There was a breakdown of a 29 year old marriage. The Court had to deal with a dispute over which party should keep the family business (a large manufacturer of car accessories), and also the value of this […]

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Binding Financial Agreement Voidable by Wife due to the Husband’s Conduct

Case of Adame & Adame [2014] FCCA 42 (16 January 2014) In this case, the wife sought to have a financial agreement for the distribution of the parties’ matrimonial property set aside, for a number of reasons including: – (a) while the wife’s lawyer gave her some advice, the […]

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