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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Where Variation of Child Maintenance Order Reasonable

Case of Wentworth v Wentworth [2013] FCCA 2043 (11 December 2013) As a result of the father making tentative arrangements to offer his twin children casual full-time employment, Judge Monahan in this case varied the adult child maintenance paid to enable the children under section 66L of the […]

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Leave to proceed not required in relation to a “foreign divorce”

Case of Anderson & McIntosh [2013] FamCAFC 200 (13 December 2013) Section 44(3) of the Family Law Act 1975 provides that proceedings for the distribution of matrimonial property cannot be heard if the parties have been divorced for more than 12 months, without leave of the Court. In this […]

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An Aunt is not a “Parent” for the purposes of the Family Law Act

Case of Burton & Churchin & Anor [2013] FamCAFC 180 (15 November 2013) Section 60CC(2) of the Family Law Act 1975 provides that in considering what are in a child’s best interests, the court must consider the benefit of the child having a meaningful relationship with both “parents”. In […]

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Husband’s contribution adjusted in Family Law Property Proceedings due to “Waste”

Case of James & James [2013] FCCA 1188 (23 August 2013) This case involved a 20 year marriage where the husband and wife performed  ”traditional” roles, with there being  two children of the marriage and an asset pool of approximately $400,000. Before the Court, applying section 79 of […]

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A Matter of Trust in the Family Court

Case of Romano & June [2013] FamCA 344 (17 May 2013) The issue was whether the assets of the trust were to be included in the pool of matrimonial property to be divided pursuant to Part VIII of the Family Law Act 1975. The husband was the […]

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Free Accommodation Provided by Parents Relevant in Property Settlement

Case of Panagakos [2013] FamCA 463 (18 June 2013) This case concerned the distribution of the parties’ asset pool after 18 years of marriage. The asset pool, excluding superannuation, was considered to be around $1.4 million. The husband had initially contributed real estate worth $430,000 and the […]

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Family Court departs from “Special Contribution” Doctrine in favour of husband

Case of Kane & Kane [2013] FamCAFC 205 The husband had paid around $540,000 for shares, and by the time of the divorce they were worth $1,850,000. The overall value of the superannuation fund was $3,400,000. The trial judge awarded the husband two thirds of the fund […]

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Variation of Parenting Order where applicant parent breaches the order

Case of Prewett & Mann [2013] FamCAFC 130 (27 August 2013) Fowler J granted the mother’s application to vary a final parenting order, holding that there had been the necessary “significant change in circumstances”. Mother was required by order to live in Sydney. She moved to the […]

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Family company and allocation of debts in property distribution case

Case of Payne & Payne [2013] FCCA 794. Family company was in liquidation. Husband established new company and took customers from the old family company. Husband’s father paid the debts of the family company, taking over the bank as creditor. The Court ordered it was appropriate to […]

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