Court Satisfied of Miscarriage of Justice and Parties Had Impliedly Set Aside Property Consent Orders between the Parties

In the recent case of Waterman [2017] FamCAFC (8 February 2017) the wife appealed against Judge Newbrun’s dismissal of her application under section 79A of the Family Law Act (to set aside family law financial orders) in the Full Court (Bryant CH, Murphy J, and Kent JJ). […]

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Federal Circuit Court of Australia Orders: De Facto Husband to Receive No Adjustment

In the recent case of Newland & Rankin [2017] FCCA 210 (9 February 2017) the applicant alleged that he was in a de facto relationship with the respondent for over 8 years, while the respondent said that their relationship was barely 2 years. The parties commenced a […]

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High Court Confirms Children’s Wishes Not Sole Determinant in Parenting Proceedings

In the recent case of Bondelmonte v Bondelmonte & Anor [2017] HCA 8 (13 December 2016), the High Court of Australia held that both children aged 15 and 17 were not allowed to live with father as they wished. In 2010, when the parents separated, the Family […]

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Full Court Found No Error in Court’s Refusal to Notionally Add Back Net Losses Caused by Husband

In the recent case of Charles [2017] FamCAFC 3 (12 January 2017) the Full Court of the Family Court (Bryant CJ, Thackray & Bennett JJ) heard the wife’s appeal against Judge Stewart’s property adjustment orders made after a 10 year marriage. The wife (37) was the primary […]

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Trial Judge Erred in his Approach to the Parties’ Informal Property Agreement

  In the recent case of Maine [2016] FamCAFC 270 (22 December 2016), the wife appealed in the Full Court of the Family Court (Ryan, Murphy, and Kent JJ) against Judge Vasta’s order that the parties’ assets be divided as to 65% to the wife and 35% […]

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Court Permits Mother’s Unilateral Relocation and to have Sole Parental Responsibility

  In the recent case of Ridley & Radford [2016] FCCA 3383 (20 December 2016), the father made an application with respect to his 6 year old child. The application was filed five days after the mother had relocated from Brisbane to North Queensland. In 2014, a […]

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Overseas Marriage Not Authorised Between the Ages of 16 and 18 in Australia

In the recent case of Eldaleh [2016] FamCA 1103 (21 December 2016), the 30 year old applicant got married in the Middle East in mid-2016 with “Ms Eldaleh”, his purported wife, who was then 16 years of age. The couple are now in Australia, and the “wife”, now […]

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Same Sex De Facto Property Distribution Held Not to be “Just and Equitable”

In the recent decision of Chancellor & McCoy [2016] FAMCAFC 256 (2 December 2016), the Court dismissed Ms Chancellor’s (the appellant’s) application on the ground that it was not just and equitable to make order altering property interests for a same sex de facto couple that had been in […]

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Full Court of Family Court Overturns Order for Section 11F Child Consultation

In Hart and Selwood [2016] FamCAFC 254 (2 December 2016), the Full Court of the Family Court heard an appeal against orders made by Justice Myers regarding parenting arrangements. The Appellant, Ms. Hart (the “Mother”), and the Respondent, Mr Selwood (the “Father”) were disputing the amount of […]

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Shared Parental Responsibility – Relocation from Southern NSW to Darwin Allowed

In Larsson & Casey [2016] FamCA 971 the Court allowed relocation of child B to Darwin under the primary care of his mother. The parties had two children, “C” (born 2002) and “B” (born 2006), and separated in 2007. Initially, both of the children lived with the […]

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