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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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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