Australian Couple Successfully Register US Order Pertaining Commercial Surrogacy Agreement

Background In the recent case of Sigley & SIgley [2018] FamCA 3 (10 January 2018), the Family Court of Australia held that Australian parents who had entered into a commercial surrogacy agreement in the USA, could register the American Court Order which gave them parenting rights over […]

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Applicant Permitted to Rely on Secret Audio Recordings in Family law Proceedings

Background In the recent case of Jasper & Corrigan (No. 2) [2017] FCCA 1467 (23 June 2017) Judge Altobelli was asked to determine the admissibility of conversations secretly recorded by the mother without the knowledge of the father. The substantive issue before the Court in this matter […]

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Vexatious Claim: Wife’s Leave to Appeal Refused Against Interim Injunction

Background In the case of Underwood & Underwood (2017) FLC 93-815, the wife sought leave to appeal against the order made by the primary judge granting an interim injunction enjoining her from continuing to seek any orders in proceedings commenced by her in the United States of […]

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Video Recordings of Family Violence Admitted Under Exception

Background In the case of Shelbourne & Shelbourne [2017] FamCA 761, the Father had recorded several videos of the Mother committing acts of family violence using his mobile phone. At first instance, his solicitors were successful in tendering the video recordings. This finding was made notwithstanding that […]

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Wife’s Application Filed Electronically After 4.30pm Accepted as Filed Before Husband’s Death Background

In the recent case of Whooten & Frost (Deceased) [2017] FamCA 975 (29 November 2017) , Justice Cronin explored the power of the Family Court to make orders following the death of a party to proceedings. The Wife (Wooten) and the Husband (Frost) had married in 2003 […]

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Property – Husband Sentenced to Imprisonment for Fleeing the Country to Avoid Paying His Wife

Background In the recent case of Okien & Nhan [2017] FamCA 707 (8 September 2017) a property case began late in 2016 was marked by non-disclosure by the husband where much of the asset pool was overseas. The wife filed an urgent application on 15 August 2017 […]

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Property Distribution of Childless Marriage: Error in Trial Judge’s Approach

Background In the recent case of Anson & Meek [2017] FamCAFC 257 (7 December 2017) the Full Court of the Family Court of Australia (Murphy, Aldridge & Cleary JJ) heard the husband’s appeal against Judge Hughes’s property order in a case between a childless couple who were […]

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Court Not Obliged To Accept Family Consultant’s Opinion – Mother Permitted To Relocate

Background In the recent case of Wendland [2017] FamCAFC 244 (21 November 2017) the Full Court of the Family Court of Australia (Ainslie-Wallace, Ryan & Aldridge JJ) heard the father’s appeal against Judge Vasta’s order that permitted the mother (who had worked for the Australian Defence Force […]

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Wife Successfully Objects to Producing Financial Records of Mother’s Trust – Subpoena Set Aside

Background In the recent case of Kelton & Brady and Anor [2017] FamCAFC 186 (7 September 2017) FamCAFC 186 (7 September 2017) Murphy J (sitting in the appellate jurisdiction of the Family Court) heard the husband’s appeal of an order of Judge Cassidy that set aside a […]

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Children: Mother Who Had Engaged in Parental Alienation Loses Appeal Against Order That The Children Live With Father

Background In the recent case of Ralton [2017] FamCAFC 182 (7 September 2017), the Full Court of the Family Court (Bryant CJ, Strickland & Aldridge JJ) heard the mother’s appeal against Judge Riethmuller’s order that 10-year-old, “B”, and 8-year-old, ‘C’, children, live with their father, notwithstanding that […]

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