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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International Child Abduction 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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Christmas rush time at the Family Court

It is November and thoughts turn to the Christmas countdown.  It is also an important time for practitioners and their clients to consider the cut-off filing dates for the Family Court. Under the Family Court rules Rule 5.01A   (1) This rule applies to an application for a […]

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Unacceptable Risk?

In the case of Simmons and Anor & Kingsley [2014] FamCAFC 47 the appellants were the maternal uncle and aunt of the child X aged 8 , They had appealed the final parenting orders made by Hogan J  in favour of the father in relation to the […]

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Is shared care always in the best interest of young children? Equal time parenting arrangement for 2 young children set aside

In the case of Willis & Field [2014] FCCA 514 (20 March 2014) the court had to decide the issue of whether equal shared care between the two parents in this instance  was in the best interests of the children. The mother and father had entered into […]

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