Appeal By Great Grandparents for Parenting Orders Dismissed as Vexatious and for Lack of Standing

Keywords:  Children – Dismissal under s 102QB of the Family Law Act of great grandparents’ application for time – Vexatious proceedings order also made – Majority of Full Court dismisses appeal with indemnity costs –  standing to apply for a parenting order as persons “concerned with the […]

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Binding Financial Agreement Not Unlawful For Duress As Wife Received Clear Advice Not to Sign

Keywords: Financial Agreements – Duress – Full Court overturns trial judge’s ruling that husband’s requirement that an agreement be signed before marriage amounted to duress – Wife’s “real difficulty” in proving duress; independent legal advice   Introduction The case of Kennedy & Thorne [2016] FamCAFC 189 (26 […]

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Court Sets Aside Binding Child Support Agreement Due to Misunderstanding of Essential Terms

 In Bassett & Teale [2016] FCCA 2177, the parties had been involved in costly litigation as a result of a Binding Child Support Agreement (the “Agreement”) concerning their two children for the better part of six and half years. Background In 2009 the parties were in an apparent […]

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Convicted Paedophile Father’s Appeal Against a No Communication Order

  Keywords: Family Law Act, s 60CE; paedophile father; no communication order; psychological harm    Introduction In Malak & Mairie (No. 2) [2016] FamCAFC 120 (6 July 2016) the Full Court (Murphy, Kent & Austin JJ) heard an appeal by the father who was serving an 18 year prison […]

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Same-Sex De Facto Partners Held to be “Parents” of Artificial Insemination Child

Keywords: Family Law; parenting; artificial insemination; Family Laaw Act, section 60.   Introduction The Family Law Act identifies children born as a result of artificial conception procedures under section 60H. The child’s parents are recognised by the following two elements: the woman was married to, or a […]

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Husband’s Appeal Against Order To Pay $12m from Family Business to Ex-Wife Upheld

  Keywords: Family Law Act, s79(2), 79(4); contributions; assessment of business assets; distribution of matrimonial property; appeal against original property orders.   Introduction The case of Turner and Anor [2016] FamCAFC 121 (8 July 2016) (May, Ainslie-Wallace & Cronin JJ) heard the husband’s appeal against an order […]

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Court Finds That Costs Order Against Mother In Contravention of Orders not in Child’s Best Interests

Keywords: Family Law Act, sections 60CC(3)(f).  70NFB, 70NFE, section 117; contravention; parenting orders; withholding child.    Introduction The case of Roffe & Huie [2016] FamFAFC 166 (19 August 2016), was heard in front of her Honour Judge May (“the appellate judge”).  This was an appeal brought by Mr […]

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Court Rules That It Was Not Just and Equitable to Sell Matrimonial Home after Husband’s Death

Keywords: Family Law Act, section 79(2) and 79(8)(b); property distribution; property distribution following death; just and equitable property distribution.   Introduction  The recent case of Paxton & Paxton [2016] FCCA 1689 (7 July 2016) heard by Judge Wilson, gave insight as to when the  Court will refuse […]

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Family Court Rules with Mum as Primary Caregiver And Allowed Her to Relocate to Perth

 Introduction  In the case of  Warner [2016] FCCA 1887 (29 January 2016), the Court considered an interim application for relocation which was filed by the mother who was planning on moving from Sydney to Perth with her new partner, “with or without” her school age children.  The children had […]

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Family Court Rules Exposure to Indigenous Culture Not Necessarily in Child’s Best Interests

Introduction  In the matter of Lokare v Baum (2016) FamCAFC 135 the Full Court of the Family Court of Australia considered the father’s appeal that argued that the court had failed to properly apply section 61F of the Family Law Act 1975 (the “Act”) which legislates that “the […]

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