“Big Money Cases” Court holds that financial contributions not more important than non-financial contributions in Family law cases

When a marriage or de-facto relationship ends and the parties seek to have their property divided by the Family Court, the courts looks at the respective contributions made by each party during the life of the relationship.  The court will look at the financial and non-financial contributions made by […]

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Is there a de facto relationship even though parties are not living in same house? – the answer is Yes

This question was put in the case of Clark and Clark & Ors [2014].  The two parties involved had regularly spent weekends at each other’s houses and travelled overseas together.  However the parties did not have a permanent residence together. The parties had a child in 2007 […]

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Leave to proceed out of time Stanford argued

The full court in McCoy & Chancellor [2014] FamCAFC  62 dismissed Ms Coy’s appeal from Judge Turner’s granting of leave to Ms Chancellor under s44 (6) to apply for property orders three months out of time.   The parties had been a de-facto relationship for a number of years.. […]

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Absent father has application dismissed

Judge Baumann in the case of Waugh & Bannon FCCA 893 [2014] dismissed a father’s application for time to be spent with his daughter X aged 8. X had spent no time with her father before the proceedings.  It was held that x “really does not know […]

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Parenting order suspended for mother to relocate to Thailand for 18 months

In the case of Eades and Wrensted  [2014] FCWA 15 An application was granted to a mother to allow her to relocate from Perth to `City A’ in Thailand for 18 months with her children where her partner had secured employment.  The children are aged 10 and […]

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Mother unilaterally went to Queensland for medical treatment – then stayed…

In Whiteside & Whiteside [2014] FCCA 893 (6 May 2014) A mother relocated to Queensland with her children aged seven, six, two and eight months from NSW to Queensland for urgent medical treatment for herself.  The parents had `co-parented’ for 12 months before her relocation.  After her […]

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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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