Full Court of the Family Court Dismisses Appeal: Confirms Married Man and Former Sex Worker were in a De Facto Relationship for 18 months

Background In the recent case of Sha & Cham [2017] FamCAFC 161 (16 August 2017) the Full Court of the Family Court of Australia (Bryant CJ, Ainslie-Wallace & Cronin JJ) heard Mr Sha’s appeal against the primary judge (Johnston J)’s finding that he had been in a […]

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Full Family Court Finds Exclusion of After-Acquired Property from Consideration was an Error of Principle

Background In the recent case of Holland [2017] FamCAFC 166 (9 August 2017) the Full Court of the Family Court of Australia (Ainslie-Wallace, Murphy & Aldridge JJ) heard the wife’s appeal against a property order in a case where the parties cohabited for 17 years and had […]

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Commercial International Surrogacy: Family Court Determines No Evidence of ‘Parentage’ of the Child

Background In Bernieres and Anor & Dhopal and Anor [2017] FamCAFC 180 (1 September 2017) the Full Court of the Family Court of Australia (Bryant CJ, Strickland & Ryan JJ) heard an appeal by a married couple against Berman J’s refusal to make a declaration of parentage […]

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Husband Not Allowed to Withheld Proceeds on Accounts of Capital Gains Tax (CGT) as a “Legal Cost of Sale” in Family Court Proceedings

Background In the recent Family Court case of Kelby [2017] FamCA 438 (26 June 2017) McClelland J considered a partial property settlement order made by Rees J in August 2016. This initial order required the husband to pay the wife $250,000 within 28 days, failing which he […]

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Husband’s Duty of Discovery Did Not Oblige Him to Explain Documents to the Wife

Background In the recent case of Pendleton [2017] FamCAFC 108 (20 June 2017) the Full Court of the Family Court heard the husband’s appeal against orders made by Judge Coates under s79A of the Family Law Act 1975 which varied a final property order (in favour of […]

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Court Disapproves of Father Separating Two of Seven Children

In the recent Family Court decision of Renald (No. 2) [2017] FamCAFC 133 (14 July 2017) Thackray J (sitting in the appeals jurisdiction of the Family Court of Australia) heard the mother’s appeal of a Magistrates Court of Western Australia order. Back in April 2016, the parties […]

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Court Confirms Treatment of Property Acquired After Separation is Discretionary

Background In a recent case of Calvin & McTier [2017] FamCAFC 125 (12 July 2017) the Full Court (Bryant CJ, Ryan & Aldridge JJ) heard the husband’s appeal against orders made by Magistrate Calverley of the Magistrates Court of Western Australia. The trial magistrate included among the […]

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Father Withheld Two of Seven Children in Breach of Interim Consent Order

Background In the recent case of Renald (No.2) [2017] FamCAFC (14 July 2017) Thackray J heard the mother’s appeal of an order made by the Magistrates Court of Western Australia. In April 2016 the parties consented to an interim order that their seven children live with the […]

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Presumption of Shared Parental Responsibility Held Not to Be in Child’s Interests: Mother’s Appeal Dismissed

Background In a recent case of Ramsey & Hays [2017] FamCAFC 54 (20 March 2017), the Full Court (Thackray, Strickland & Hogan JJ) heard the mother’s appeal against Foster J’s orders regarding her six-year-old daughter. The parties separated when the child was a baby. The child lived […]

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Property Settlement – Trial Judge Erred in Holding that it was Just and Equitable to Adjust Wife’s Ownership of Property.

Background In the recent case of Zaruba [2017] FamCAFC 91 (21 May 2017) the Full Court of the Family Court (Bryant CJ, Thackray & Murphy JJ) heard cross-appeals against a property order made by Moncrieff J of the Family Court of Western Australia. The Parties had separated […]

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