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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International Commercial Surrogacy Agreement – Equal Parental Responsibility Ordered

Background In the recent case of Adair & Anor and Bachchan [2017 FCWA 78 (22 June 2017) Duncan J of the Family Court of Western Australia heard an undefended parenting application in respect of twin children aged 4.   Applicants’ Submission There were two applicants – Mr […]

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Child Support – Mother Unsuccessfully Appeals Decision of the Administrative Appeals Tribunal

Background to the Case In the recent case of Batson & Batson & Anor [2016] FCCA 2631 (delivered 12 October 2016 but published 30 May 2017) Judge Street heard the mother’s appeal in a case where she had applied for a child support assessment on 24 November […]

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Family Court Discharghes Father’s Recover Order on Appeal

Background In the recent case of Drew & Jensen [2017] FCCA 656 (13 April 2017) Judge Altobell considered an ex parte recovery order made by a Local Court. Father’s Submission The father obtained the initial order by alleging that the mother had escaped with their 5 years old […]

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Court Finds Relevant “Circumstances” Exist to Justify Setting Aside Property Consent Orders

Background  In the recent case of Blackwell & Scott [2017] FamCAFC 77 (28 April 2007), the Full Court of the Family Court (Aldridge, Kent & Watts JJ) heard Mr Blackwell’s appeal in a de facto property case where consent orders were first made in February 2014.   […]

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