First Instance Judgments

FAMILY LAW – SPECIAL MEDICAL PROCEDURES - best interest of the child - hysterectomy for 11 year old girl

FAMILY LAW - JURISDICTION

FAMILY LAW - MEDICAL PROCEDURES - Condition of transsexualism - Treatment of condition of transsexualism - Parental responsibility of parents to authorise treatment of transsexualism - Special medical procedure

FAMILY LAW – CHILDREN – Magellan – ex-parte application – interim parenting orders 

FAMILY LAW – CHILDREN – Time with mother suspended – Intervention of Department of Communities (Child Safety Services) – Designate Magellan

FAMILY LAW – CHILD ABUSE – Allegation

FAMILY LAW – CHILD ABUSE – Finding of no abuse

FAMILY LAW – COSTS – Application for certificates pursuant to s 10(2) and s 10(3) of the Federal Proceedings (Costs) Act 1981 (Cth) – Application dismissed

FAMILY LAW – CHILDREN – Best interests

FAMILY LAW – CHILDREN –ADOPTION – By step-parent– Whether to grant leave to commence proceedings pursuant to s 60G of the Act

FAMILY LAW – CHILDREN – Best interests of the child – Consent to equal shared parental responsibility – Parties reside in Queensland and New South Wales – What time the children should spend – Teenage children – What weight to give to the children’s views

FAMILY LAW – EVIDENCE – Allegation of sexual abuse – Where alleged conduct said to occur in significant past – Standard of proof in civil proceedings – Whether unacceptable risk to the child in having contact with a member of the father’s family

HELD – No evidence to suggest there is an unacceptable risk to the child in spending time with a particular member of the father’s family – Children will spend half school holidays with their mother, subject to any contrary views they might express – Costs of travel for children spending time with their mother in New South Wales to be borne equally by the parties – Passports in possession of mother to be returned to the father by consent

FAMILY LAW – CHILDREN – With whom children live

FAMILY LAW – PROPERTY SETTLEMENT – Involvement of third parties; family members and family run business entities – Oppression proceedings against third parties reached settlement on day one of trial – Identification of contributions – Wife sought a dual contribution and dual pool approach, as parent/homemaker and a special contribution to settlement of third party issues – Dual pool approach rejected – Consideration of asset pool including familial loans and debts and valuations on familial company assets – Contributions assessed at 62.5/37.5 in favour of the husband – s 75(2) adjustment of 7.5% in favour of the wife – Consideration of wife’s legal fees in pursuing settlement of  third party issues – Husband to pay portion of wife’s fees expended on third party issues

FAMILY LAW – COSTS – application – consideration of the factors in s 117 (2A) ­– order for costs made pursuant to s117 (2)g

FAMILY LAW – CHILDREN – Interim orders for the child to spend time with the father – Supervision of child – Appointment of Independent Children’s Lawyer

FAMILY LAW – COSTS – where costs order made – application to fix the quantum of the liquidator’s costs – held appropriate to exercise discretion to fix costs to avoid further delay and cost of an assessment

FAMILY LAW – ORDER – where the husband seeks a stay of enforcement of the order – where no official application filed – inappropriate for the Court to exercise discretion to stay enforcement

FAMILY LAW – COSTS – application by the liquidator for costs of attendances – husband wholly unsuccessful – husband ordered to pay liquidator’s costs

FAMILY LAW – PROPERTY SETTLEMENT

FAMILY LAW – PROPERTY – Sale of property – Distribution of funds – Trust Account

FAMILY LAW – CHLDREN – With whom a child lives

FAMILY LAW – COSTS – Property proceedings – Second and third respondents seek costs order against applicant wife – Applicant wife seeks costs order against respondent husband – Not established that the financial circumstances of the parties assume significance in the exercise of discretion created by section 117 of the Family Law Act 1975 (Cth) – Not established that the wife should pay the husband’s parents’ costs from the time a “concession” that husband was entitled to be recompensed for work done on parents’ property was made – Not established that the husband should pay wife’s costs as the husband was not wholly unsuccessful in resisting the wife’s claim  – Court of the opinion that no party having persuaded the court the circumstances justify a costs order in the terms sought, there will be no order for costs of the proceedings

FAMILY LAW – APPLICATION FOR REVIEW – Rights of interveners – Where consent orders have been made between the parties – Whether the Family Law Rules give interveners rights at law or ensure procedural fairness is done

FAMILY LAW – PRACTICE AND PROCEDURE - Adjournment

FAMILY LAW – CONTEMPT – Sentence

FAMILY LAW – CHILDREN – Interim orders by consent

FAMILY LAW – CHILDREN – With whom a child spends time

FAMILY LAW – SPOUSAL MAINTENANCE

FAMILY LAW – CHILDREN – Relocation overseas

FAMILY LAW – CHILDREN – Substantial and significant time – Relocation overseas

FAMILY LAW – PRACTICE AND PROCEDURE – Orders for filing of affidavit material

FAMILY LAW – COSTS – Order made pursuant to s 117 – determination made pursuant to s 117(2A)

FAMILY LAW - PROPERTY - The effect of the Full Court’s orders upon the exercise of discretion when considering contributions - capital gains tax - consideration of the four “principles” in Rosati - the assessment of capital gains tax as a significant s 75(2) factor - consideration of lifestyle since separation as a s 75(2)(g) matter - consideration of the wife’s health, disparity in the party’s wealth and other s 79(4)(d) - (g) matters

FAMILY LAW – SUBPOENAE – Enforcement

FAMILY LAW  -  PROPERTY  -  unpaid taxation  small pool  -  liabilities  -  husband earning high income  -  whether order sought was for more than 100% of the pool

FAMILY LAW  -  SPOUSAL MAINTENANCE  -  wife in committed relationship with man with whom not cohabiting  -  quantum of maintenance in issue  -  period in which it should be paid

FAMILY LAW – PROPERTY SETTLEMENT - Contributions - Gift by maternal grandmother to husband and children - Determination of children's interest - Creation of trust

FAMILY LAW – PRACTICE AND PROCEDURE – Stay pending appeal – Stay refused

FAMILY LAW – REVIEW – Review of Registrar’s decision about directions for trial – Review rendered unnecessary by new trial directions – Application dismissed

FAMILY LAW – CHILDREN – With whom a child lives

FAMILY LAW ─ CHILDREN ─ Parenting ─ Appointment of a Case Guardian ─ Where Father suffers from mental illness ─ Where the Father is subject to an Involuntary Treatment Order

FAMILY LAW – PROPERTY – s 79 – s 79(2) declaration that the orders are just and equitable – Understanding by both parties of the orders and division of property thereunder

FAMILY LAW – CHILDREN – With whom a child spends time – Father to spend no time with the child

FAMILY LAW – PROPERTY – Superannuation – Adjustment of property interests – superannuation splitting order

FAMILY LAW – ORDERS – variation – application to vary existing orders pending the delivery of judgment – held no sufficient new evidence – application dismissed

FAMILY LAW – INJUNCTION – application by husband for an ongoing injunction – held that there was no new evidence to support a further injunction – application dismissed

FAMILY LAW – CHILD SUPPORT – discretion – held it was inappropriate for the Court to exercise its discretion to hear the issue once trial had concluded

FAMILY LAW – CHILDREN – parenting order – application by the mother seeking an injunction restraining the father from causing or encouraging his new partner from referring to herself as a motherly figure – best interests of the child – held it was not in the best interests of the child after weighing up the factors in s 60CC of the Family Law Act 1975 (Cth) – application not granted

FAMILY LAW – CHILDREN – Procedural adjournment

FAMILY LAW – PROPERTY - Distribution of property between husband and wife - Contributions - Contributions during cohabitation were equal - Husband argued there should be an adjustment in his favour as a consequence of his greater initial contribution as well as greater post separation contributions, particularly as a parent - Husband failed to give full and frank disclosure of relevant financial matters  - Two younger children live with the husband, the oldest child lives between the two homes - Notional add backs - Treatment of paid legal fees - Orders made distributing the available assets 55 per cent to the husband and 45 per cent to the wife

FAMILY LAW – STAY PENDING APPEAL – Not established that application on behalf of the mother for unconditional stay should be granted – Refusal of stay not against children’s best interests or likely to render success on appeal nugatory

FAMILY COURT – CHILDREN – ADOPTION – Leave to commence adoption proceedings pursuant to s 60G – Whether Biological Father’s strong opposition to adoption should be a factor in granting leave – Deemed a highly relevant consideration – Leave to commence adoption proceedings refused – Order sought seeking dispensation of service on Respondent – Whether attempts to locate the Respondent were exhausted – Court able to easily contact Respondent via telephone indicating poor attempt/s – Order dispensing with service refused

FAMILY LAW – CHILDREN – with whom a child should spend time– interim application – allegations of family violence and emotional abuse – appointment of an independent children’s lawyer and a family consultant

FAMILY LAW – CHILDREN – Application to adjourn by mother due to terminal illness – application opposed by father – adjournment granted

FAMILY LAW – COSTS

FAMILY LAW – CHILDREN – Allegations of sexual abuse by paternal grandfather – CPS intervention and report pending – Undertaking by grandfather not to have any contact with children pending report – Issue of who will supervise the children spending time with their father

FAMILY LAW – CHILDREN – Time children spend with husband – Reports to be provided to husband in relation to children’s medical conditions – Husband be at liberty to contact children’s treating medical practitioners

FAMILY LAW – COSTS – Whether costs should be indemnity costs – Husband’s means to pay costs – Costs granted to wife

FAMILY LAW – CHILDREN – Whether supervision required to continue prior to final hearing

FAMILY LAW – PROPERTY – Procedural orders in relation to trial affidavits

FAMILY LAW – PROPERTY – Procedural orders in relation to discovery – preparation of affidavits of evidence in chief

FAMILY LAW – CHILDREN – Delivery up of child to father – mother’s time with child suspended

FAMILY LAW – CHILDREN – Mother to deliver child up to father

FAMILY LAW – CHILDREN – Parties the subject of a State Police Domestic Violence Order – permission granted to attend a concert at the child’s school

FAMILY LAW – CHILDREN – Hague convention – Whereabouts of child unknown – Legal professional privilege claimed – Dominant purpose test

FAMILY LAW – CHILDREN – ADOPTION – Leave to commence proceedings pursuant to s 60G – Reliance on hearsay evidence – Leave granted

FAMILY LAW – CHILDREN – ADOPTION – Whether to grant leave for step-father to commence adoption proceedings pursuant to s 60G – Leave granted

FAMILY LAW – PROPERTY – Settlement in relation to marriage – Contributions

FAMILY LAW – PROPERTY – Interim application by the wife seeking to receive control of the parties' farming enterprise from the husband by reason of his asserted incapacity – Application granted

FAMILY LAW – CHILDREN – ADOPTION – Leave to commence proceedings pursuant to s 60G – Whether the need for expedition in child related proceedings might overcome the insufficient material filed

FAMILY LAW – PROPERTY – Application for distribution of funds

FAMILY LAW – CHILDREN – With Whom a Child Lives – Consent Orders – Where the Applicants are of no relation to the Child

FAMILY LAW – CHILDREN – ADOPTION – Leave to commence proceedings – Where biological father is unknown and cannot be ascertained – Leave granted

FAMILY LAW – COSTS – Oral application for costs made by the Independent Children’s Lawyer – Application dismissed

FAMILY LAW – CHILDREN – Parenting orders – International Relocation – Best interests of these children require significant, regular time with each parent – Living overseas will likely have an adverse impact on the children’s relationship with the father – Presumption of equal shared parental responsibility is not rebutted – Children’s best interests call for stability – International relocation is not in best interests – Arrangements in Australia call for regular time with father but majority time with the mother – Two week, one week arrangement

FAMILY LAW – CHILDREN –ADOPTION – By step-parent – Whether to grant leave to commence proceedings pursuant to s 60G of the Act –Application dismissed

FAMILY LAW – CHILDREN – ADOPTION – Service on biological father to be dispensed with – Leave to commence adoption proceedings granted pursuant to s 60G

FAMILY LAW – CHILD ABDUCTION - Hague Convention - Children brought to Australia from New Zealand by the mother - Father seeks return of the children to New Zealand pursuant to the Hague Convention - Mother argues there is a grave risk that the return of the children to New Zealand would expose them to physical or psychological harm or otherwise place them in an intolerable situation - The Court is not persuaded by the mother’s argument and orders are made for the return of the children to New Zealand, subject to certain conditions

FAMILY LAW – CHILDREN – ADOPTION – Leave to commence proceedings pursuant to s 60G – Leave granted

FAMILY LAW – CHILDREN – ADOPTION – Where biological Father cannot be located – Service is dispensed with – Leave to commence adoption proceedings pursuant to s 60G granted

FAMILY LAW – CHILDREN – ADOPTION – By Step-Parent – Leave to Commence Proceedings under s 60G – Where Mother has no knowledge of the Child’s Biological Father – Leave Granted

FAMILY LAW – CHILDREN –ADOPTION – By step-parent– Whether to grant leave to commence proceedings pursuant to s 60G of the Act

FAMILY LAW – ADOPTION – Leave to commence proceedings

FAMILY LAW – JURISDICTION – Children – whether ongoing proceedings between the mother and father have abated upon the death of the mother

FAMILY LAW – COURTS AND JUDGES – Disqualification – the father makes an oral application seeking that the Judge disqualify herself from the matter – held it is not appropriate for any Judge to disqualify himself or herself from hearing a matter which has abated and is no longer in existence – application dismissed

FAMILY LAW – CHILDREN – Where children attend school

FAMILY LAW – CHILDREN – With Whom a Child Lives – Best Interests of the Child – Whether the Child could be released from the Department of Child Safety into the care of the Mother

FAMILY LAW – CHILDREN – Procedural Orders – Child Welfare Laws – Whether term “in relation to a child” under s 69ZK of FLA is broad enough to allow for orders sought

FAMILY LAW – PROPERTY SETTLEMENT – Admissibility of Expert Witnesses – Whether leave may be sought for more than one expert witness

FAMILY LAW – PROPERTY -  INTERIM ORDERS - Enforcing previous orders - Future spousal maintenance arrangements

FAMILY LAW – CHILDREN – With whom a child lives – Part heard proceedings – What interim parenting orders should be imposed for the benefit of the children between now and the final conclusion of the proceedings – Pending further order the children live with the mother and spend time with the father each alternate weekend and half of school holidays

FAMILY LAW – CHILDREN – Whether sole parental responsibility should be granted to the mother – Orders sought after the conclusion of a final hearing – Consideration of the principles in Rice & Asplund and Marsden & Winch – which school the children should attend

FAMILY LAW – CHILDREN – LEAVE TO ADOPT – Cross vested jurisdiction from the Supreme Court of the Australian Capital Territory (Adoption Act 1993 (ACT))

FAMILY LAW – CHILDREN – CONTEMPT – Contravention of Court Order – HELD – Respondent ordered to enter into a bond

FAMILY LAW – CHILDREN – Allegation of child abuse alleged against mother – lack of evidentiary material supportive of application – whether matter should be transferred from Canberra to Brisbane – time to be spent between child and mother

FAMILY LAW – COSTS – Costs awarded against the applicant pursuant to s 117(2A) of the Family Law Act 1975 (Cth)

FAMILY LAW – CHILDREN – whether in the best interests of the child to live with one parent or the other – issue of distance and travelling time between the residences of the parties – significance of proposed daily care of the child

FAMILY LAW – CHILDREN –ADOPTION – By step-parent– Whether to grant leave to commence proceedings pursuant to s 60G of the Act–Whether Deficient Material might be overcome by need to conduct proceedings without undue delay under s 69ZN –Leave Granted

FAMILY LAW – ENFORCEMENT – Of binding financial agreement and child support agreement – Declaration sought – Incomplete financial evidence and disclosure – Evidence given by husband in interim proceedings to be transcribed and placed upon Court file – Further affidavits and procedural orders – Adjournment to Registrar – Costs order

FAMILY LAW – CHILDREN –ADOPTION – By step-parent– Whether to grant leave to commence proceedings pursuant to s 60G of the Act – Leave Granted

FAMILY LAW – CHILDREN –ADOPTION – By step-parent– Whether to grant leave to commence proceedings pursuant to s 60G of the Act – Leave Granted

FAMILY LAW – PRACTICE AND PROCEDURE - Subpoenas

FAMILY LAW - CHILDREN - With whom a child lives

FAMILY LAW - CHILDREN - With whom a child spends time

FAMILY LAW - CHILDREN - Best interests

FAMILY LAW – PRACTICE AND PROCEDURE – Case management 

FAMILY LAW – PRACTICE AND PROCEDURE – Case management – Expedited hearing

FAMILY LAW - CHILDREN - With whom a child lives - Interim proceedings - Both mother and father are seeking orders for the child to live with them - Mother has been the child’s primary carer and is the child’s primary attachment figure - The child to live with the mother and spend time with the father each Wednesday and Sunday from 9am to 4pm

FAMILY LAW  -  CHILDREN  -  mother seeks variation of final orders made a few months earlier, in response to contravention application filed by father  -  allegations of family violence and offensive language  -  application to suspend overnight time dismissed  -  interim parenting orders  -  Issues Assessment ordered

FAMILY LAW  -  CHILDREN

FAMILY LAW  -  CHILDREN  -  residence  -  Magellan  -  allegations of physical violence against mother  -  no disclosures by child to police, protective workers, teachers  -  unreliability of father’s accounts  -  no unacceptable risk with mother  -  unacceptable risk of emotional abuse with father  -  child to live with mother  -  sole parental responsibility to mother  -  time with father

FAMILY LAW – PROPERTY – setting aside final property orders – no miscarriage of justice due to duress, suppression of evidence or any other circumstance – no exceptional circumstances relating to the care of a child – what order would have been made had a s 79A(1) ground been established – gambling

FAMILY LAW – CHILD SUPPORT – departure from administrative assessment – payment of school fees

FAMILY LAW – MAINTENANCE – no adult child or spousal maintenance

FAMILY LAW – PROPERTY – leave to tender new evidence after the conclusion  of the evidence and submissions but before the delivery of judgment

FAMILY LAW – CHILDREN – Resumption of suspended contact – Drug culture problems

FAMILY LAW – PROPERTY – interim property settlement – whether such an order under s79(2) is just and equitable and appropriate in the circumstances

FAMILY LAW – CHILDREN – With whom a child spends time – Grandparents

FAMILY LAW – CHILDREN – Parental responsibility

FAMILY LAW – CONSENT ORDERS

FAMILY LAW – PROPERTY SETTLEMENT – Assets and Liabilities – business valuation – Contributions – initial contributions, compensation settlement – Adjustments – Just and equitable

FAMILY LAW – CHILDREN – Parental responsibility – Mother to have sole parental responsibility for the children

FAMILY LAW – CHILDREN – With whom a child lives and spends time – Parties agree the children should remain living with the mother – The mother proposes the children spend supervised time with the father at a contact centre while the father proposes the children spend unsupervised time with him every weekend and half of all school holidays – Orders made for four of the five subject children to spend supervised time with the father for two hours every forth weekend at a contact centre, while the other child is to spend time with the father subject to the child’s wishes

FAMILY LAW – CHILDREN – Interim

FAMILY LAW – PRACTICE AND PROCEDURE – Substituted service

FAMILY LAW – PRACTICE AND PROCEDURE – Interim children

FAMILY LAW – CHILDREN – where final orders have been made and are the subject of an outstanding appeal – with whom a child spends time – where the mother’s time is to be supervised – whether the proposed supervisors are appropriate

FAMILY LAW – PRACTICE AND PROCEDURE – Adjournment

FAMILY LAW – PRACTICE AND PROCEDURE – Leave to Reopen – Leave to file initiating application is in the best interests of the child and the interests of justice generally

FAMILY LAW – PRACTICE AND PROCEDURE – Stay – Adjournment

FAMILY LAW – CHILDREN – Relocation to Sydney – Schooling

FAMILY LAW – CHILD SUPPORT – jurisdiction – application by the mother seeking orders pursuant to ss 111 and 112 of the Child Support (Assessment) Act 1989 (Cth) for leave for the Registrar to make a determination under s 98S in respect of child support periods more than 18 months prior to the date of the application – whether the Court is able to make the orders sought – whether the application is a “sham” to overcome difficulties caused by the mother’s failure to pursue appropriate avenues of review of the Registrar’s decision and failure to appeal the refusal to grant an extension of time to review – application dismissed

FAMILY LAW – PROPERTY – Settlement in relation to marriage

FAMILY LAW – CHILDREN – Best interests – child aged five years – orders previously made to operate for a period of two years – significant changes taken place since that time – each party proposes that the child live with them – each parent recognises need for child to maintain contact with other party – separation of the child from half-siblings – practical difficulties of contact due to geographic distance between parties’ residences – parenting capacity of the mother and level of the supervision provided in her care – developmental (speech) delay and other health issues relating to the child – alleged neglect of the child in the mother’s care – allegations of sexual abuse

FAMILY LAW – JURISDICTION – concurrent proceedings in Australia and England – whether this Court is the clearly inappropriate forum – whether an injunction be granted against the wife regarding continuation of the English proceedings – change of venue – return of the child’s passport

FAMILY LAW – CHILDREN – Equal shared parental responsibility – With whom a child lives – With whom a child spends time – With whom a child communicates – Child’s view – Relocation

FAMILY LAW – CHILDREN- with whom a child lives – with whom a child spends time - finding of unacceptable risk – whether father’s time with the children should be supervised – domestic violence

FAMILY LAW – CHILDREN – parental responsibility – presumption of equal shared parental responsibility does not apply due to unacceptable risk – also not in the best interests of the child – mother to have sole parental responsibility

FAMILY LAW – PROPERTY – Sole use and occupation of the former matrimonial home – Where the Husband wishes to sell the property – Where the Wife is pregnant and requires stability of accommodation – Where the Husband’s application would limit the trial Judge’s exercise of discretion – Application for sole use and occupancy acceded to

FAMILY LAW – CHILDREN – With whom a child spends time – Where the Mother will have a period of hospitalisation – Where the child will live with the maternal grandparents – Changeover to occur as directed by the Mother

FAMILY LAW – CHILDREN – With whom a child lives – Both the mother and father are seeking orders for the child to live with them – Child has lived with the mother since the parties separated in 1999 – Concerns about the mother’s parenting capacity, her ability to prioritise the child’s needs over her own and risk of harm to the child if she remains in the mother’s care – Orders made for the child to live with the father and spend time with the mother each alternate weekend and half of school holidays - Parental responsibility – Mother and father to have equal shared parental responsibility for the child

FAMILY LAW – STAY of proceedings – pending review application in relation to Registrar’s orders

FAMILY LAW – PRACTICE AND PROCEDURE

FAMILY LAW – CONTRAVENTION – Father alleges the Mother prevents the children from answering his phone calls – Inconsistencies in the Father’s evidence – No prima facie case established

FAMILY LAW – CONTRAVENTION– Father alleges the Mother failed to deliver the children to the Father when the appropriate notice had been given – Not satisfied that notice was given – No prima facie case established

FAMILY LAW – CONTRAVENTION – Father alleges the Mother failed to deliver the children to changeover – Mother admits the contravention – Mother suggests there is reasonable excuse – Submissions ordered

FAMILY LAW – PROPERTY – parties have suffered major medical conditions during the marriage – where parties have received significant financial gifts from their parents – initial contributions – post separation inheritance – source of funds to discharge mortgages - post separation support of adult children who are not self supporting – wife’s future earning capacity – s 75(2) factors – very substantial adjustment in favour of the wife

FAMILY LAW – EVIDENCE – SECTION 136 of the Evidence Act - the information which is provided to single experts appointed by parties pursuant to the Rules of Court - Rule 15.54(2) - Rule 15.54(3) - wife provided a history to each of the medical experts retain by the parties jointly for the purpose of obtaining a report - history provided by the wife to each doctor was not authorised by the husband - each party clearly expected that the wife would subject herself to physical examination

FAMILY LAW – ADOPTION – Leave to commence proceedings

FAMILY LAW – CHILDREN – Urgent application to vary parenting orders whilst appeal pending – Need to show change of circumstances of some substance

FAMILY LAW – CHILDREN – Airport watch list – Orders made in after hours service and ex parte – Father failed to comply with requirements to file application – Parties not before the Court – Previous orders discharged – Registrar to be notified of orders

FAMILY LAW - PROPERTY - set aside subpoena

FAMILY LAW – PRACTICE AND PROCEDURE – Case management

FAMILY LAW – CHILDREN – parenting

FAMILY LAW – PROPERTY – alternation of property interests

FAMILY LAW – PRACTICE AND PROCEDURE – Application seeking dismissal for want of prosecution – Further incomplete evidence and submissions before the Court

FAMILY LAW – NULLITY – Application for decree of nullity – Where the Wife was already married at the time of the ceremony – Where there was no record that the first marriage had been dissolved – Assumed the first marriage is still valid – Application acceded to

FAMILY LAW – PRACTICE AND PROCEDURE – Service – Where the Wife returned to the Philippines – Where the Husband has been unable to contact her – Where the Husband has sent documents to the address on her passport – Service deemed to be affected

FAMILY LAW – CHILDREN – Parenting order – Discharge existing contact orders on the basis of husband’s behaviour creating fear in the children – Best interests of the children that there be no contact – Because of husband’s attitude, order made that he not make any further application without leave of a judge of the Family Court of Australia

FAMILY LAW – COURTS AND JUDGES – Disqualification for Bias

FAMILY LAW - PROPERTY - alteration of property interests - short marriage - asset by asset versus global approach

FAMILY LAW – PROPERTY – Alteration of property interests – application of s 79(4) of the Family Law Act 1975 (Cth) – orders that are just and equitable

FAMILY LAW – PROPERTY – Alteration of property interests – application of s 79(4) of the Family Law Act 1975 (Cth) – weight to be given to financial contributions of the husband and homemaker and parental contributions of the wife – orders that are just and equitable

FAMILY LAW – CHILDREN – Interim parenting orders – Where the child has lived with his step-Mother on the death of his Father – Where the child’s relationship with the mother is recently formed – Where the Mother’s commitment has been questionable – Parental responsibility given to the step-Mother

FAMILY LAW – PROPERTY – Interim

FAMILY LAW – CHILDREN – Interim application – Where child’s physical abuse allegations against the mother are unsubstantiated – Where the father has failed to encourage the child’s relationship with the mother – Prior consent orders for shared care reinstated – Father’s time with the child to be supervised until further review

FAMILY LAW – CHILD ABDUCTION – HAGUE CONVENTION – children taken from USA – where the father did not consent to the children being taken from the USA – where mother’s evidence was accepted – issues of domestic violence – whether grave risk to children should they be returned – issue that children may being taken to Lebanon – whether children will be medically taken care of – issue of whether children will be adequately financially supported on return to USA – satisfied that there is a grave risk – children should be returned to the USA upon certain conditions being met

FAMILY LAW – REVIEW – Decision of Judicial Registrar – Spouse maintenance

FAMILY LAW – CHILDREN – parental responsibility – with whom a child lives – with whom a child spends time - with whom a child communicates – allegations of family violence

FAMILY LAW – CHILDREN – Final parenting orders – Where the Father suffers from a psychiatric illness – Where the experts recommend supervised time – Where the child wishes for time to be supervised – Supervised time ordered – Provision for the child to initiate time if he wishes

FAMILY LAW – COSTS – Child representative – Submissions to be made in relation to ICL’s costs

FAMILY LAW – PROPERTY SETTLEMENT – Adjustments for incomplete work taking into account the state of the house; small pool of assets – Significant disparity in relation to s 75(2) factors favouring the wife

FAMILY LAW – COSTS – Husband conducts trial for five days and then consents to orders basically consistent with what wife’s position always was – Appropriate to make an order that the husband contribute towards the wife’s costs and that those costs be deducted from the entitlement of the husband from the payment by the wife

FAMILY LAW  -  CHILDREN  -  final parenting orders made  -  application for a stay  -  application dismissed

FAMILY LAW – CHILDREN – Relocation of mother – Father’s opposition to move – Equal shared parental responsibility – Substantial and significant time – Electronic communication – Parenting proposals of both parties – Issues of conflict and communication – Mother’s emotional health – Surname – Circumstances of mother’s fiancé – Examination of all competing residential and travel circumstances – Best interests of child – Observation of witnesses – Standard of proof – Relevant legal principles for parenting cases and relocation issues – Specific issues – Costs – Venue

FAMILY LAW  -  CHILDREN  -  final parenting orders  -  Magellan  -  residence  -  parental responsibility  -  allegations of physical, sexual and emotional abuse by father and paternal family  -  whether unacceptable risk of abuse  -  no finding of abuse or unacceptable risk  -  children to live with father  -  time with mother  -  injunctions.

FAMILY LAW – PRACTICE AND PROCEDURE – Adjournment

FAMILY LAW – PROPERTY - contributions - add backs - whether there has been a premature distribution of property or waste – no evidence of either

FAMILY LAW – PROPERTY - whether notice of proceedings for financial orders under Pt VIII and VIIIB of the Family Law Act 1975 (Cth) needs to be given to persons whose interests would be affected by the making of an order

FAMILY LAW – JURISDICTION – Accrued jurisdiction – Claim in tort for assault seeking damages issued in the Magistrates Court – Not single justiciable controversy – No jurisdiction

FAMILY LAW – PRACTICE AND PROCEDURE – Valuations by single expert – costs met equally by the parties

FAMILY LAW - CHILDREN – FAMILY CONSULTANT – application by father to have Family Consultant and report removed from file – allegations of improper behaviour and lack of integrity – allegations of conflict – issue for cross examination – application dismissed

FAMILY LAW – PRACTICE AND PROCEDURE – APPLICATION TO REMOVE REPORT OF FAMILY CONSULTANT – applicant father seeking same order as previously dealt with – application dismissed

FAMILY LAW – PRACTICE AND PROCEDURE – APPLICATION FOR JUDICIAL OFFICER NOT TO HEAR APPLICATION – applicant father requesting that another judicial officer hear application – allegation of bias – case in judge’s docket – no application for docket judge to disqualify – application dismissed

FAMILY LAW – CHILDREN – whether it is in the best interests of the child to live with the mother interstate – relocation issues – periods of time and communication that a parent has with a child

FAMILY LAW – CHILDREN – child related proceedings

FAMILY LAW – PRACTICE AND PROCEDURE – Property Proceedings – Interim Application to allow valuer to enter certain property – Value of property in issue does not have sufficient connection with order sought – Application dismissed

FAMILY LAW – CHILDREN – Interim time

FAMILY LAW  -  CHILDREN  -  parenting orders  -  father failed to exercise supervised time  -  father in remand facing serious criminal charges  -  father to have no time or communication with child  -  mother at liberty to obtain passport for and travel with child

FAMILY LAW – CHILDREN – Parenting orders – Relocation – Parental Responsibility – Attachment of young child

FAMILY LAW  -  CHILDREN  -  Magellan  -  allegations of sexual abuse  -  renewed allegations after final orders made in earlier litigation  -  DHS purports to “suspend” orders of this court  -  interim orders maintained