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Note: Section 121 of the Family Law Act 1975 makes it an offence, except in very limited circumstances, to publish or distribute a report of a case or part of a case, including information contained in a Judgment, which identifies parties, related or associated persons, witnesses or others involved in the case. A breach of the section is a criminal offence. The section also sets out certain limited defences to criminal liability. An example is where the Court has expressly authorised the publication.

  • Morein & Morein [2017] FamCA 501

    17 Jul 2017

    FAMILY LAW – CHILDREN – PARENTAL RESPONSIBILITY – Where the parties have agreed to a suite of orders but were unable to agree on parental responsibility – Where the relationship between the parents is characterised by longstanding conflict – Where to grant sole parental responsibility to one parent would fuel the conflict between the parents and have a negative impact on the children – Orders made for the parents to have equal shared parental responsibility.

    FAMILY LAW – COSTS – Costs of the Independent Children's Lawyer – Where the mother is in receipt of Centrelink benefits and a small amount of child support from the father – Where the mother claims the father is concealing his true income – Where the father is ordered to pay half of the costs of the Independent Children's Lawyer.

  • Quirk & Lake [2017] FamCA 500

    17 Jul 2017

    FAMILY LAW – COSTS – Application by the wife for costs pursuant to s 117(2A) of the Family Law Act – Where the husband was wholly unsuccessful in his application to restrain the wife’s solicitors from acting – Where there is no evidence of the husband’s financial circumstances – Order made for the husband to pay the wife’s costs of the interim application, and her costs in relation to the costs application, on a party and party basis.

  • Mosef & Mosef [2017] FamCA 499

    17 Jul 2017

    FAMILY LAW – PROPERTY ADJUSTMENT – Where parties agree that it would be unjust and inequitable not to alter parties’ property rights – Where consideration of parties’ contributions – Where consideration of  relevant s 75(2) factors – Where mother out of work force for whole of cohabitation by reason of family or cultural expectations – Where father in gainful employment – Where mother who has little English has limited prospects of meaningful employment – Where appropriate that pool be divided in favour of mother.

  • Lindner & Lindner [2017] FamCA 498

    17 Jul 2017

    FAMILY LAW – COSTS – Where Orders were made in 2013 for the husband to make a payment of a specified sum to the wife – Where the husband appealed the orders and was unsuccessful – Where the wife seeks a stay of the order that she transfer jointly owned shares to the husband pending payment of the sum owed to her in addition to costs for the substantive proceedings and her costs application – Where it is found that the husband has failed to comply with previous orders – Orders made for the husband to pay to the wife $50,000 for her costs of the substantive proceedings and her application for costs – Where the money owed to the wife is to be paid from the sale of shares.

  • Darrow & Malden and Ors [2017] FamCA 497

    17 Jul 2017

    FAMILY LAW – JURISDICTION – Whether the Court has jurisdiction to hear the property dispute between parties to a de facto relationship that broke down before 2009 – Where the parties signed a Financial Agreement under s 90UD of the Family Law Act 1975 (Cth) – Where the parties did not “opt in” to the family law regime as required by item 86A of the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cth) – Where the commencement of proceedings in the Family Court of Australia or signing of the Financial Agreement were not sufficient to establish that a choice was made to “opt in” – Orders made for the Initiating Application and Response to be dismissed for want of jurisdiction.

  • Nester and Anor & Dixon [2017] FamCA 495

    14 Jul 2017

    FAMILY LAW – ADOPTION

  • Cord & Cord (No 2) [2017] FamCA 494

    14 Jul 2017

    FAMILY LAW – CHILDREN – PARENTING – relocation to United States of America – where the children are aged 16 and 12 – where expert says views are not sound – relocation application dismissed.

  • Kautai & Lino [2017] FamCA 493

    14 Jul 2017

    FAMILY LAW – ADOPTION

  • Rollins & Van Hummell [2017] FamCA 491

    12 Jul 2017

    FAMILY LAW – CHILDREN – International Travel

  • Milburn & Milburn [2017] FamCA 490

    13 Jul 2017

    FAMILY LAW – CHILDREN – INTERNATIONAL RELOCATION – Where mother seeks to relocate from Australia to the United Kingdom with the children – Where father opposes relocation and seeks orders that children spend equal time with parents in Australia - Consideration of s60CC – Where it is reasonably practicable for mother to remain living in Australia – Where it was not reasonably practicable for father to relocate to or spend time in United Kingdom due to his employment – Where it was found that mother’s parenting capacity would not materially improve if mother permitted to relocate - Finding that relocation would impair meaningful relationship between children and father – Where benefits of a meaningful relationship between children and father outweigh the benefits of relocation – No relocation order made - Where presumption of equal shared parental responsibility applies – Finding that equal time is not in children’s best interests – Where orders are made for children to live with mother and spend significant and substantial time with father

  • Stopford Malloy & Malloy [2017] FamCA 489

    19 Jun 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the parties’ respective applications under Parts VII and VIII of the Act were bifurcated at a previous procedural hearing – Where the mother seeks to have the two aspects of the proceedings consolidated – Concluded consolidation would mean quite considerable delay in determination of the parenting dispute – Concluded the child’s interest are not served by delaying resolution of the parenting dispute – Ordered mother’s application is dismissed

    FAMILY LAW – EVIDENCE – Application to adduce – Where the mother seeks to adduce expert evidence from three psychologists and evidence from other witnesses – Where the single expert consulted the psychologists and her expert report attests to the facts and opinions solicited from those psychologists – Leave denied to adduce evidence from the psychologists – Ordered leave is instead granted to the mother to issue subpoenae to the psychologists, requiring them to produce their notes – Leave also denied to adduce evidence from other witnesses

  • Feaks & Ritchie [2017] FamCA 488

    19 Jul 2017

    FAMILY LAW – PRACTICE AND – PROCEDURE – INDEPENDENT CHIDRENS LAWYER – Child support – Costs

  • Keirn & Moxey [2017] FamCA 487

    12 Jul 2017

    FAMILY LAW – PROPERTY – Application for an adjustment of property interests pursuant to s 79(2) – Where the parties had entered into an agreement pursuant to New Zealand law with respect to their assets – Where the wife has made a greater contribution to the asset pool by purchasing and maintaining a property in the UK – Where the parties also had a joint property in the UK – Where an asset by asset approach is deemed appropriate in considering the adjustment of property interests – Where the property held in the wife’s sole name in the UK is considered separate to the remainder of the asset pool – Where there is insufficient evidence to establish that the husband contributed funds to the marriage as asserted – Where $36,000 is set aside from the parties’ joint funds to establish a child care fund – Where the wife retains the UK property in her sole name and each party is entitled to 50 per cent of the remaining property pool.

    FAMILY LAW – CHILDREN – SPEND TIME WITH – Where the father seeks equal shared time with the two children, aged seven and four – Where the mother opposes the husband’s application – Where the children have a loving and close relationship with both parents – Where the parents have agreed to equal shared parental responsibility and orders in relation to other aspects of the care of the children – Consideration of s 60CC factors – Orders made for the children to spend time with the father in a graduating arrangement concluding in six nights per fortnight and half of all school holidays – Orders made allowing the mother to travel overseas with the children.

  • Harris & Dewell [2017] FamCA 486

    12 Jul 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – STAY – Where the husband seeks a stay of the final property orders pending the determination of an appeal to the Full Court – Where the husband asserts that his compliance with the orders will result in him obtaining a capital gains tax liability – Where the basis of husband’s appeal to the Full Court is, inter alia, that the primary judge failed to consider his anticipated capital gains tax liability – Where the refusal to grant a stay would, to this extent, render the appeal nugatory – Orders made staying the property orders subject to certain conditions.

  • Dobson & Dobson [2017] FamCA 485

    10 Jul 2017

    FAMILY LAW – COSTS – where dispute arises over costs claimed on an indemnity basis for the solicitor – firm acting on its own behalf – where conduct of both firms of solicitors warrants criticism for loss of objectivity – where the court’s time was unnecessarily wasted – no order for costs made.

  • Ziller & Foster and Anor [2017] FamCA 484

    10 Jul 2017

    FAMILY LAW – CHILDREN – Discharge of previous final consent orders – Discharge of orders in relation to children spending time with paternal family – Orders not warranted due to children’s improved relationship with paternal family – Discharge of orders in relation to child communicating and spending time with father – Findings that child spending time with father is positively unhelpful and causing emotional distress to child – Child’s refusal in communicating and spending time with father – Discharge of Independent Children’s Lawyer and s65L supervisor.

  • Trieste & Nettles [2017] FamCA 483

    03 Jul 2017

    FAMILY LAW – CHILDREN – PARENTING – no appearance by father – matter set down for trial – father to have opportunity to participate – suspension of orders not appropriate made earlier by consent relating to very young children.

  • Zacharia & Zacharia [2017] FamCA 482

    23 Jun 2017

    FAMILY LAW – CHILDREN – Ex Tempore Judgment – Where substantive parenting issues finalised by consent – Where discrete issue as to the child’s surname outstanding – Where the mother seeks that the child’s surname be hyphenated and contain both parents’ names – Where regard had to the child’s young age – Where the child has a meaningful relationship and identifies with both parents – Where a it is in the best interests of the child to have a hyphenated surname – Orders made.

  • Edelston & Edelston [2017] FamCA 481

    07 Jul 2017

    FAMILY LAW – CHILDREN – Interim Hearing – Best Interests – Where there have been proceedings in the children’s court – Where the children have been previously removed from the parents – Where the children currently live with the father and spend time with the mother – Where both parents have historical substance abuse and mental health concerns – Where the father alleges the mother has ongoing mental health and substance abuse issues – Where the mother claims she is abstinent from drugs and alcohol – Where there is no evidence contradicting the mother’s claims of abstinence – Where Court ordered drug testing of the mother reveals no matters of concern – Where the father alleges the mother’s new partner is violent – Where there is only limited and remote evidence to support allegations of domestic violence – Where neither parent poses an unacceptable risk of harm to the children – Where the children have a meaningful relationship with both parents – Orders made for the father to have sole parental responsibility – Orders made for the children to live with the father – Orders made for the children to spend gradually increasing unsupervised time with the mother – Orders for both parents to undertake CDT testing – Orders for the mother to undertake urinalysis. 

  • Riccardi & Riccardi and Ors [2017] FamCA 480

    10 Jul 2017

    FAMILY LAW – CHILDREN – Parenting orders – Children’s wishes – Where parenting and property proceedings resolved at trial except for one issue - Issue as to what form orders should take in relation to children spending time with each parent - Parties in agreement that children should spend time with each parent  as per children’s wishes - Children aged 16 and 15 – Children to spend time with each of the parents at the children’s wishes – Default order included in relation to one child spending time with father – Default provision reflected child’s current wishes.

  • Kostas & Kostas [2017] FamCA 479

    16 Jun 2017

    FAMILY LAW – PROPERTY – Interim proceedings – Whether it is appropriate to make interim orders – Where the asset pool reasonably well identified – Where no identifiable cash pool from which provision could be made – Where discussion of general principles – Where appropriate to make order for interim distribution of property.

  • Zagoreos & Zagoreos [2017] FamCA 478

    07 Jul 2017

    FAMILY LAW – PRACTICE AND PROCEDURE –Where the husband seeks review of Registrar’s decision refusing application for change of venue – Where the husband seeks a change of venue from Sydney to Brisbane – Balance of considerations – Potential witnesses – Poor health of the wife –Costs of proceedings – Orders made for the matter to be transferred to Brisbane – Orders made discharging the Orders made by the Registrar.

  • Nugent & Nugent [2017] FamCA 477

    07 Jul 2017

    FAMILY LAW – CHILDREN – Best Interests of the children – Where the substantial parenting dispute was settled by consent at final hearing – Where there are only discrete issues for determination – Where the parents live a considerable distance from one another – Where the father seeks substantial holiday time with the child to compensate for his lack of time with the child during the school term Where such “compensatory” time is not in the best interests of the child or his relationship with his mother – Where the mother seeks that the child communicate with her on the weekends the child spends with the father – Where such communication would be onerous for the father and child – Where restraints are sought against contact with the paternal grandfather and the mother’s former partner – Where there is no benefit to the child developing those relationships – Orders made.

    FAMILY LAW – COSTS – Costs of the Independent Children’s Lawyer – Where the Independent Children’s Lawyer seeks that the mother pay half of the Independent Children’s Lawyer’s costs – Where the father has consented to paying his half – Where the mother has no financial capacity to pay costs – Where neither party was wholly unsuccessful – Where circumstances do not justify an order for costs – Application for costs dismissed.

  • Agar & Agar [2017] FamCA 476

    07 Jul 2017

    FAMILY LAW – CHILDREN – PARENTAL RESPONSIBILITY – SPEND TIME WITH – Where the subject of the orders are two children aged 12 and 10 – Where the eldest child has a poor relationship with the father – Where the father has a close relationship with the youngest child – Orders made for the mother to have sole parental responsibility for the eldest child, and for the parents to have shared parental responsibility with respect to the youngest child – Consideration of s 60CC factors – Where orders are made for the father’s time with the youngest child to increase during school terms and school holidays – Where the eldest child is to spend time with the father only in accordance with the child’s wishes – Where the youngest child spending more time with the father is not likely to impinge on the child’s relationship with his older sibling.

  • Gani & Drasha [2017] FamCA 475

    07 Jul 2017

    FAMILY LAW – MARRIAGE – NULLITY – Application for declaration of nullity of marriage - Whether husband’s consent obtained by fraud – Where the husband asserted that the wife did not disclose her previous marriage – Fraud as to nature of the ceremony or identity of the other party – No grounds for nullity of marriage established – Findings that fraud did not occur – Application dismissed.

  • Trevor & Denton and Anor (No 2) [2017] FamCA 473

    05 Jul 2017

    FAMILY LAW – CHILDREN – Request for the Department of Family and Community Services to intervene – Where there has been a previous request for the Department to intervene – Where the Department declined to intervene previously on the basis that the family law proceedings would effectively address the safety and well-being needs of the children – Where the children have self-placed with the father – Where the paternal grandparents have now withdrawn from proceedings – Where there are serious risks to the children in the care of the father – Where there may be no adequate carer for the children.

  • Teh & Muir [2017] FamCA 472

    02 Jun 2017

    FAMILY LAW – COSTS – Between parties – Where the respondent seeks an order for costs – Where the applicant has been wholly unsuccessful in the proceedings – Where it is appropriate to award costs – Where to order indemnity or party/party costs – Where an order for party/party costs in made in favour of the respondent.

  • Minjarez & Minjarez [2017] FamCA 470

    12 Apr 2017

    FAMILY LAW – ADJUSTMENT OF ORDERS

  • Pitman & Pitman [2017] FamCA 469

    23 Mar 2017

    FAMILY LAW – PROPERTY – Application by husband seeking a division of matrimonial property – Short marriage – Contributions - Application dealt with in the absence of wife in circumstances where the Court is satisfied that the wife had notice of the proceedings - Orders for an adjustment of property in circumstances where the Court is satisfied that it is just and equitable to do so – Where husband receives 90 per cent and wife receives 10 per cent

  • Mitchell & Mitchell (No 2) [2017] FamCA 468

    04 May 2017

    FAMILY LAW – INJUNCTIONs

  • Andrews & Collins [2017] FamCA 467

    06 Apr 2017

    FAMILY LAW – CHILDREN – Orders by consent – Orders that children live with the mother and spend time with the father – Orders for joint parental responsibility – Specific issues orders relating to medical and educational issues – Injunctive orders

  • Zabarac & Zabarac and Ors [2017] FamCA 466

    05 Apr 2017

    FAMILY LAW – SPOUSAL MAINTENANCE – Interim – Where the wife seeks spousal maintenance of $800 per week – Consideration of the parties’ financial circumstances – Where the wife’s expenses exceed her income – Where it is appropriate that the husband pay spousal maintenance of $400 per week.

    FAMILY LAW – PROPERTY – Interim – Proceedings remitted after successful appeal – Where the wife seeks transfer of funds from a controlled money account – Order made releasing a sum to the wife and for payment of liabilities

    FAMILY LAW – PROPERTY – INJUNCTIONS – Where the wife seeks injunctions in relation to the sale or encumbrance of the husband’s interest in a business and a property – Where the wife seeks injunctions in relation to the husband’s income distributions – Order made restraining the husband from selling, transferring or encumbering or dealing with a business interest and a property.

  • Van Basten & Humboldt [2017] FamCA 464

    26 Apr 2017

    FAMILY LAW – CHILDREN – Best Interests – where the father seeks orders that the child spend time with him- where mother opposes any order for time – where the child has not seen the father in three years – where the child refuses to see the father

  • Taruk & Taruk [2017] FamCA 463

    26 Jul 2017

    FAMILY LAW – CHILDREN – Where matter proceeded undefended – Mother to have disengaged from litigation - Where mother found to have abandoned child – Family violence occurred – Where mother has left child in care of father - Father to have sole parental responsibility – Child live with father – Child spend time with mother as agreed

  • Department of Communities, Child Safety and Disability Services & Bogovic [2017] FamCA 462

    26 Jun 2017

    FAMILY LAW – CHILD ABDUCTION – Hague Convention – Application under the Hague Convention for the return of the children to the United States of America – Whether wrongful retention in Australia - Children brought to Australia by consent of both parents for child to attend special schooling – Date of retention in issue – Habitual residence – Intention of parties at time of departure from United State of America to Australia – Parties regularly travelled between Australia and United States – Children born in Australia and spent significant time in Australia – No physical abode in United States – Findings that habitual residence was Australia – Where children’s retention in Australia not wrongful – Whether the residual discretion to make a return order ought be exercised – Children resident in Australia for over 2 years – Mother primary carer for children - Father’s delay in commencing proceedings – Where father found to have acquiesced to retention – No return order made

  • Matthews & Norris (No 3) [2017] FamCA 461

    30 Jun 2017

    FAMILY LAW – CHILDREN – With whom the child lives –  Where the child enjoys a meaningful relationship with both parties – Where both parties have the capacity to meet the child’s physical and intellectual needs – Where the dispute concerns the parties’ capacity to meet the child’s emotional needs – Where the child is too young and does not have the maturity to understand the long-term implications of his views – Concluded no weight should be reposed in the child’s views – Where the mother proposes to live with the child in New Zealand – Where the evidence most probably proves the mother will not be capable of allowing the child the emotional autonomy to continue her relationship with the father – Where the mother maintains she will cut off all contact with the child if an order is made for her to live with the father in Australia – Concluded the mother prioritises her own mental health and wellbeing over the child’s interests – Where the father is willing to allow the child the freedom to retain her relationships with both parents – Order the child live with the father and there are no prescriptive orders regulating the child’s interaction with the mother

  • Tothill & Crowther [2017] FamCA 460

    30 Jun 2017

    FAMILY LAW – CHILDREN – Best interests – Where there are allegations of sexual and physical abuse by the father – Where those allegations are not substantiated – Where all parties concede there are no issues of unacceptable risk in either household – Where the father has spent limited time with the child since she was born – Where the father has consistently sought to spend time with the child – Where the mother has consistently failed to facilitate the father’s time with the child – Where the parties cannot agree or communicate – Where the mother is unwilling to facilitate a meaningful relationship between the father and the child – Where a change of residence is warranted to facilitate the child having a meaningful relationship with both parents – Orders made for the child to live with the father – Orders made for the child to spend substantial and significant time with the mother.

  • Curtin & Curtin [2017] FamCA 459

    30 Jun 2017

    FAMILY LAW – CHILDREN – best interests – where the applicant mother seeks final orders on an undefended basis – where the father has chosen not to participate in the trial – where there are allegations of family violence towards the children and mother – whether the father is an unacceptable risk – order made for the children to live with the mother – order made that the mother have sole parental responsibility – where the father is an unacceptable risk of physically and psychologically abusing the children - where the father’s time with the children is reserved – order made that the mother be permitted to live at an address undisclosed to the father – order that the father be permitted to send gifts and cards to the children. 

    FAMILY LAW – COSTS – order made that the father pay the costs of the mother and the Independent Children’s Lawyer

  • Department of Communities, Child Safety and Disability Services & Pinaroa [2017] FamCA 458

    30 Jun 2017

    FAMILY LAW – CHILD ABDUCTION – Hague Convention - Application for the return of the child to New Zealand – Where habitual residence in New Zealand is established – Return order made.

  • Carson & Carson [2017] FamCA 457

    15 Jun 2017

    FAMILY LAW – PROPERTY – interim orders – interim injunctions – where the wife seeks an interim injunction preventing the husband from accessing his superannuation – where the husband did not attend the hearing – order made for an interim injunction preventing the husband accessing his superannuation entitlements – order made for an interim injunction directing the trustees of the superannuation funds not to make payments to the husband – interim applications adjourned.

  • Moore & Tillotson and Anor [2017] FamCA 456

    30 Jun 2017

    FAMILY LAW – CHILDREN – Magellan List – final parenting orders – father historically convicted and imprisoned for knowingly possessing child pornography and subsequently convicted of  indecent act with a child under 16 being his step child and sentenced to a Community Correction Order – benefit to the biological children of having a meaningful relationship with the father considered – whether there is an unacceptable risk to the children of sexual abuse by the father – where the father is an unacceptable risk to the children – order made that the children spend no time with the father – order made that the father be restrained from contacting the children – whether the presumption of equal shared parental responsibility applies – where equal shared responsibility is not in the best interests of the children – order that the mother have sole parental responsibility.

    FAMILY LAW – PROPERTY – alleged loan agreement – where the applicant and second respondent allege the second respondent loaned the applicant monies – where the first respondent denies knowledge of any loan agreement – whether money provided by the husband’s mother was a loan and whether if it was a loan there is a genuine expectation of repayment- assessment of the party’s contributions –  just and equitable division of property – Where the Court finds the parties’ contributions should be assessed as equal – Where the Court finds section 75(2) factors favour an adjustment of fifteen per cent to the wife due to the disparity between the parties’ income earning capacities –whether any adjustment should be made in the husband’s favour for funds retained by the wife post separation pursuant to repayment of a loan to church members – where the husband is to transfer to the wife the only real property owned by the parties

  • Seurat & Garrett [2017] FamCA 455

    29 Jun 2017

    FAMILY LAW – INJUNCTIONS – where broad injunctions are sought as “holding orders” – where the evidence does not reflect what, if any, entitlement the applicant has to substantive property alteration relief nor how the orders affect (if not all) non-parties – interim orders refused.

  • The Estate of Parke and Anor & Parke [2017] FamCA 454

    29 Jun 2017

    FAMILY LAW – PROPERTY – Interim injunctions.

    FAMILY LAW – PRACTICE AND PROCEDURE – Objection to Subpoena.

  • Re: Mason [2017] FamCA 453

    29 Jun 2017

    FAMILY LAW – CHILDREN – MEDICAL PROCEDURE –Where the applicant is the mother of a child diagnosed with Gender Dysphoria –where the applicant seeks a finding that the child is Gillick competent to consent to Stage Two treatment for Gender Dysphoria – where the child’s father supports the application – where the child’s treating medical experts support the child commencing Stage Two treatment – assessment of whether a 17 and a half year old child is Gillick competent to consent to the medical treatment – where the child is competent to consent medical treatment.

  • Stadler & Blau [2017] FamCA 452

    23 Jun 2017

    FAMILY LAW – CHILDREN – PARENTING –Where the mother seeks to relocate with the three children to Cairns –Where the father opposes the relocation – Consideration of section 60CC of the Family Law Act 1975 (Cth) – Consideration of the best interests of the children – Consideration as to the impact of proposed relocation on the children’s relationship with their father –Court finds that the mother and father will have equal shared parental responsibility of the children –Court finds a relocation to Cairns will be in the best interests of the children –Orders made for the father to spend time with the children in Sydney prior to relocation –Orders made for the father to spend time with the children in Cairns and for the children to return to Sydney to spend time with the father during school holidays.

  • Beletti & Beletti [2017] FamCA 451

    29 Jun 2017

    FAMILY LAW – CHILDREN –INTERIM PROCEEDINGS –Where the parties have equal shared parental responsibility of the child –Consideration as to whether the child spend equal time or substantial and significant time with each of the parties– Court finds that a week-about arrangement would not be in the child’s best interests – Orders made for the child to spend time with the father in accordance with a pattern previously established by the parties prior to the mother’s unilateral suspension in April 2017 – Orders made will result in the child spending substantial and significant time with both parents.

  • Masters & Watson and Anor [2017] FamCA 450

    28 Jun 2017

    FAMILY LAW – CHILDREN – commercial surrogacy – where the children were born in Mexico as a result of a commercial surrogacy arrangement – where the applicants seek parenting orders – where the respondent surrogate has been unable to be located  – order that service required under rule 7.18 of the Family Law Rules 2004 (Cth) be dispensed with– order made for the applicants to have equal shared parental responsibility – order that the children live with the applicants

  • Kael & Cabello [2017] FamCA 449

    28 Jun 2017

    FAMILY LAW – CHILDREN –INTERIM PROCEEDINGS –Where the mother seeks that the child be permitted to travel overseas for various periods from June 2017 to December 2017 –Where the mother seeks that she be permitted to remove the child from Australia at her discretion when the child is in her care –Where the father opposes the mother’s application –Court finds that bi-monthly trips to New Zealand would achieve a balance which would meet the interests of the child –Orders made for the child to travel to New Zealand in July, September and November 2017–Orders made for the parties to do all things to cause a passport application for the child to be lodged with the Australian Passport Office.

  • Pritchard & South [2017] FamCA 448

    23 Jun 2017

    FAMILY LAW – Recovery order sought by the mother – Where final parenting orders were previously made for the children to live with the mother and spend no time with the father – Order made ex parte

  • Best & Vidma [2017] FamCA 447

    27 Jun 2017

    FAMILY LAW – PROPERTY – Just and Equitable – Dispute as to contributions – Where the wife made a significantly greater financial contribution to the asset pool – Where the husband asserts he made financial and non-financial contributions to the wife’s properties – Where there is little objective evidence to support the husband’s assertions – Where the husband asserts the wife used his income to pay household expenses – Where it was appropriate for the wife to do so when the parties were living together – Where the wife handled the husband’s finances – Where the wife received a substantial compensation pay out which she applied to her properties – Where the wife earns significantly more than the husband –Where there are suspicions as to the husband’s capacity to work – Where it is just and equitable to make property adjustment – Where the adjustment should reflect the significantly greater contributions of the wife to the asset pool – Where an adjustment should be made in favour of the husband for section 75(2) factors – Orders made.

    FAMILY LAW – COSTS – Where application by wife seeking declaration as to binding financial agreement – Where application withdrawn and dismissed – Where appropriate that wife pay husband’s costs.

  • Langley & Tarelli [2017] FamCA 446

    27 Jun 2017

    FAMILY LAW – PROPERTY – Interim injunctions – Where previous interim orders as to use and occupation of home by de facto wife – Where conditions of such occupation not complied with – Where enforcement action underway by mortgagee – Where de facto husband seeks property to be sold – Where appropriate to allow de facto wife to cure her default – Where in default previous orders for sale to apply.

  • Curtis & Wootten (No 2) [2017] FamCA 445

    27 Jun 2017

    FAMILY LAW – CHILDREN – Best Interests – Where it has been agreed the children should reside primarily with the mother – Where there was serious family violence perpetrated by the father – Where the father has been convicted of assault of the mother and firearms offences – Where the children were exposed to family violence – Where the father’s drug use is of concern – Where the father poses an unacceptable risk of harm to the children if not supervised – Consideration of the effect of long term supervision orders – Where the children have been exposed to significant parental conflict – Where the children are reluctant to spend time with the father – Where the Family Reporter is of the opinion the children should spend no time with the father – Where it is not in the best interests of the children to spend no time with the father – Orders made for the mother to have sole parental responsibility – Orders made for the father to spend supervised time with the children until the children attain the age of fourteen.

    FAMILY LAW – COSTS – Independent Children’s Lawyer’s costs – Where consideration of general principles – Where appropriate that order be made for parties to pay equally the Independent Children’s Lawyer’s costs.

  • Hejiz & Hejiz [2017] FamCA 444

    27 Jun 2017

    FAMILY LAW – INJUNCTIONS – Where application for orders/injunctions as to property of the parties – Whether husband fails in obligations as to disclosure – Where negotiations as to the sale of a primary asset without regard to the wife – Where appropriate for orders to be made requiring ongoing full and frank disclosure by the husband and engagement of the wife in sale process.

  • Gabriel & Gabriel (No 2) [2017] FamCA 443

    28 Jun 2017

    FAMILY LAW – CHILDREN – Where the husband seeks a week about arrangement with the two children, aged 10 and 15 – Where the wife opposes that application – Where the children currently spend five nights per fortnight with the husband – Where there is no dispute that the parties would have equal shared parental responsibility and the children would spend half of all school holidays with each parent – Where the husband has been diagnosed with a serious illness – Where the children have a positive relationship with both parents – Where the expert has recommended that the children spend significant and substantial time with the husband but not equal time – Orders made not in accordance with either party’s application – Orders made that the children spend six nights per fortnight with the husband.

    FAMILY LAW – PROPERTY – Where the husband made significant contributions assessed at 72 per cent – Where the husband’s contributions included substantial financial assistance from his parents – Where the husband continued to earn an income during the marriage – Where the wife continues to be the primary caretaker for the children – Where the wife is undertaking tertiary education and is not earning an income – Where a section 75(2) of the Family Law Act 1975 (Cth) adjustment of 5 per cent is made in favour of the wife – Orders made for the wife to receive 33 per cent of the net asset pool.

    FAMILY LAW – CHILD SUPPORT – Application for a child support departure order for periodic child support – Where the wife argued that there were special circumstances that would justify a departure pursuant to sections 117(1)(b)(ii), (2)(c)(ia) and (2)(c)(ib) of the Child Support (Assessment) Act 1989 (Cth) – Where the children’s weekly costs are not excessive – Where the father has paid child support as assessed – Where neither party is earning an income – Application dismissed.

  • Adanti & Coli [2017] FamCA 442

    16 Jun 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – where the wife seeks orders that the husband be placed on the watch list – where the wife seeks orders restraining the removal of the children from Australia – where the husband is not in Australia – where the husband has advised he will be returning to Australia – orders made for the matter to be adjourned – order that the husband personally attend the adjourned hearing date.

  • Atuk & Atuk [2017] FamCA 441

    27 Jun 2017

    FAMILY LAW – CHILDREN – TRAVEL – Where the mother seeks orders that she be allowed to travel overseas with the children – Where destination subject to Department of Foreign Affairs and Trade travel warnings – Where father opposes travel – Consideration of relevant matters – Where risk is determining factor – Where application dismissed.

  • Grollo & Bilson (No 2) [2017] FamCA 440

    26 Jun 2017

    FAMILY LAW – CHILDREN – where some issues were matters of consent relating to teenagers but the court was required to determine appropriateness of other orders.

  • Ding & Ding (No 2) [2017] FamCA 439

    21 Jun 2017

    FAMILY LAW – RULING - SINGLE EXPERT - Where towards the end of the final hearing and at the conclusion of the respondent husband’s evidence, the wife seeks an order for the appointment of a single expert witness relating to the value of a business at a date 7 years before when the shares held by the husband were part of a company share reconstruction that reduced the shareholding of the husband from 50 per cent to 1 per cent. Application refused.

    FAMILY LAW – RULING - ADVERSARIAL EXPERT - Where the wife then seeks permission to adduce evidence from an expert relating to the value of the business- Application refused.

    FAMILY LAW – RULING – ADJOURNMENT Having lost the right to rely upon further expert evidence, the wife seeks an adjournment of the trial. Application refused.

  • Kelby & Kelby [2017] FamCA 438

    26 Jun 2017

    FAMILY LAW – PROPERTY – INTERIM PROCEEDINGS - Where previous orders were made by Justice Rees for the husband to cause the sale of the parties former matrimonial home and to pay the costs of the real estate agent and the legal costs of sale and to pay one half of the balance remaining to the wife by way of interim property settlement – Where the former matrimonial home was sold for $431,000 – Where the wife received a cheque for $194,335.44 which was stated to be 50 per cent of the net proceeds of the sale –Where the amount of $23,640 was withheld by the husband for Capital Gains Tax on the basis that it formed part of the “the legal costs of sale” – Where the wife sought that the husband pay her the sum of $11,820.00 – Court finds that the Capital Gains Tax liability should not be included in the “legal costs of sale” – Court finds that pursuant to the orders made by Justice Rees the husband was required to pay to the wife the amount of $206,155 being 50 per cent of the net proceeds of sale in the sum of  $412,310.87 – Declaration made pursuant to Rule 20.07(a) of the Family Law Rules 2004 (Cth) – Costs reserved to final hearing.

  • Xiu & Hodges (No 2) [2017] FamCA 437

    23 Jun 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Leave to file – where mother seeks leave to file an Initiating Application to vary final parenting orders – where father seeks leave to file a contravention application – applications for leave to file granted.

  • Hejiz & Hejiz and Anor [2017] FamCA 436

    23 Jun 2017

    FAMILY LAW – COSTS – Where dispute between husband and his former solicitor as to release of the husband’s file and papers to the husband’s new solicitors – Where husband seeks order for delivery up of file subject to protective agreement as to outstanding costs – Where solicitor seeks payment in consideration of release of file – Where matter resolved by consent following interim property resolution between husband and wife so as to make funds available – Where solicitors seek order for costs against husband – Consideration of general principles – Application for costs dismissed.

  • Duarte & Morse (No 2) [2017] FamCA 435

    23 Jun 2017

    FAMILY LAW – ADJOURNMENT – Whether the final hearing of property and parenting proceedings should be adjourned – Whether there is prejudice to the applicant – Whether there is prejudice to the respondent – Where the applicant has appealed an interim judgment – Where the applicant is self-represented – Where the matter is a longstanding matter.

  • Brown & Kaule [2017] FamCA 434

    22 Jun 2017

    FAMILY LAW – CHILDREN – best interests – whether equal time with the parents is in the best interests of the child – where it is not in the best interests of the child to spend equal time with his parents – where order made for the child to live with the father and spend substantial and significant time with the mother – whether the presumption of equal shared responsibility is rebutted in relation to education – where the presumption is not rebutted – order for equal shared parental responsibility.

  • Kilpatrick & Kilpatrick [2017] FamCA 432

    22 Jun 2017

    FAMILY LAW – CHILDREN – With whom a child spends time – Where the litigation devolved into an argument over parenting arrangements for only the youngest child – Where the mother seeks a positive finding the youngest child was at unacceptable risk of psychological harm by reason of the father’s conduct – Where the evidence established the risk – Concluded that although permanent supervision would eradicate any risk of his sexual abuse by the father, it could not satisfactorily attenuate the risk of his psychological harm from exposure to parental conflict – No order for the youngest child to spend time or communicate with the father

    FAMILY LAW – PROPERTY SETTLEMENT – Where at the commencement of cohabitation neither party had any asset or liability of significant value – Where the mother’s income was significantly more than the father’s – Where the mother’s parents large monetary gift accounts for a considerable proportion of their current wealth – Where the mother will have very little financial assistance from the father in form of child support – Concluded the mother’s contribution-based entitlement should be measured at 60 per cent – Concluded the relatively modest value of the parties’ property and superannuation warrants an adjustment in the mother’s favour being expressed as a lump sum to alleviate the financial burden of the children over the next five years

  • Gabriel & Gabriel [2017] FamCA 433

    20 Jun 2017

    FAMILY LAW – CHILDREN – OVERSEAS TRAVEL – Where the father made an application to take the children on an overseas holiday to visit his relatives – Where the father is diagnosed with an illness – Where the mother is concerned that the father poses a flight risk – Where the father has offered to pay a bond of $10,000 – Orders made for the children to travel overseas with the father and for $10,000 to be paid to the mother’s solicitors in the case that the children do not return to Australia in accordance with the Orders.

  • Sellers & Burns [2017] FamCA 431

    21 Jun 2017

    FAMILY LAW – CHILDREN – Interim parenting – Where parties in significant conflict – Where children are aged three and nearly seven – Where agreed that children shall live primarily with the mother – Where consideration of the children’s best interests – Where father has had significant engagement with the children – Where both mother and father have little insight into emotional needs of the children – Where appropriate that there be proscriptive orders for the children’s time with the father to limit conflict – Where orders sought by Independent Children’s Lawyer substantially appropriate – Where appropriate for presumption as to equal shared parental responsibility to apply.

  • Cao & Song [2017] FamCA 430

    21 Jun 2017

    FAMILY LAW – NULLITY – Application for declaration – Where respondent still married at time of the subject marriage – Declaration made

  • Ryers & Ryers [2017] FamCA 429

    22 May 2017

    FAMILY LAW – PROPERTY –INTERIM PROCEEDINGS – SPOUSAL MAINTENANCE – Where the wife seeks urgent spousal maintenance – Where the Court finds that the wife is unable to support herself adequately for the purposes of section 72(1)(a) – Where the Court finds that the husband has capacity to pay urgent spousal maintenance in the sum of $555 per week and, in the event that the husband does not vacate the former matrimonial home an additional amount of $1650 per week together with a lump sum amount of $15,000 – Orders made.

    FAMILY LAW – PROPERTY – INTERIM PROCEEDINGS – Where the wife sought exclusive occupation of the former matrimonial home – Where the husband is yet to file his evidence – Consideration of general principles – Court finds that no order for exclusive occupation should be made.

    FAMILY LAW – PROPERTY – INTERIM PROCEEDINGS – INJUNCTIONS –Where the wife seeks that the parties be restrained from operating accounts or funds held in overseas accounts – Where the wife seeks that husband be restrained from dealing with his interest in a company – Orders made restraining the parties from operating accounts.

    FAMILY LAW – CHILD SUPPORT – Where the Wife seeks urgent child support –Where the husband agrees to the orders sought by the Wife – Orders made by consent pursuant to s 139 of the Child Support (Assessment) Act 1989 (Cth), that the husband pay to the wife the sum of $1,000 per week by way of urgent child support for the children.

  • Crowther & Tothill (No 2) [2017] FamCA 428

    14 Mar 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Application to adjourn parenting proceedings – Where the proceedings have been lengthy – Where the mother has been given a limited grant of legal aid – Where the extent and terms of the grant are unclear – Where an adjournment would cause substantial delay and expense – Where an adjournment would not be in the best interests of the child – Application dismissed.

  • Department of Communities, Child Safety and Disability Services & Hetley [2017] FamCA 427

    19 Jun 2017

    FAMILY LAW – CHILD ABDUCTION – Child brought to Australia – Hague Convention – Application under the Hague Convention for the return of the child to United Kingdom – Interim order made.

  • Lindrum & Reilly [2017] FamCA 426

    19 Jun 2017

    FAMILY LAW – CHILDREN – Parenting orders – long history of litigation – difficult relationship between mother and nine year old child – parties reach agreement in principle but orders are vague and difficult to enforce – court imposed orders subject to the parties having leave to apply to set aside on the basis of the advice of the therapeutic counsellor – reasons for concern of the court notwithstanding consent orders.

  • Armstrong & Oats [2017] FamCA 425

    16 Jun 2017

    FAMILY LAW – APPLICATION FOR COSTS – costs in proceedings conducted under cross vesting legislation

  • Gull & Gull [2017] FamCA 424

    16 Jun 2017

    FAMILY LAW – Application to review orders made by a Registrar – applicant husband’s application granted – respondent wife’s application dismissed.

  • Yeo & Kee [2017] FamCA 423

    16 Jun 2017

    FAMILY LAW – MARRIAGE – Validity of Foreign Marriage – Decree of Nullity

  • El Saeid & Masih [2017] FamCA 422

    16 Jun 2017

    FAMILY LAW – CHILDREN – REVIEW OF SENIOR REGISTRAR’S DECISION – Where the Senior Registrar ordered that the children be recovered from the mother’s care and placed into the father’s care – Where the mother seeks a review of that order – Where there is insufficient evidence to satisfy the Court that the father had been physically violent towards the children – Orders made for changeover to occur at the Family Court in the presence of the family consultants – Orders made that the father continue to spend time with the children in accordance with existing parenting orders.

  • Thompsett & Keen and Anor [2017] FamCA 421

    13 Jun 2017

    FAMILY LAW – INTERIM PROCEEDINGS – Risk – Child Sexual Assault

  • Kyriakou & Zenakis [2017] FamCA 420

    15 Jun 2017

    FAMILY LAW – CHILDREN – Final orders – Parental responsibility – whether the presumption of equal shared parental responsibility should apply – best interests of the child – where parties able to communicate mundane topics – where parties in dispute about the child’s medical treatment – where the presumption of equal shared parental responsibility should not apply – where the wife should exercise parental responsibility in respect of the health of the child – where the parties should share the parental responsibility for all other aspects.

    FAMILY LAW – CHILDREN – With whom the child lives – best interests of the child – meaningful relationship with both parents – where little weight given to the views of the child – where parties separated when the child was two years old – where the child now has half-siblings and step-siblings – where the child has settled into a routine – orders for the child to live with the wife and spend time with the husband – child’s time with the husband to be gradually increased over the next two years.

    FAMILY LAW – PROPERTY – Final orders – alteration of property interests – just and equitable – consideration of contributions by the parties and parties’ future needs – where the wife receives 52.5 per cent of the total asset pool – where the husband receives 47.5 per cent of the total asset pool.

    FAMILY LAW – COSTS – Where wife was successful in an application for costs – where quantum of costs was reserved for final hearing – where the wife sought costs on an indemnity basis – order for costs as the Court thinks fit – where husband was unsuccessful but argument was a legitimate area of contention – where husband ordered to pay costs on a party/party basis.

    FAMILY LAW – SPOUSAL MAINTENANCE – Where wife has a need for spousal maintenance – whether the husband has the capacity to pay – where husband will shortly discharge debts – where an order for spousal maintenance is made – where order is not open-ended.

    FAMILY LAW – CHILDREN – Change of name – best interests of the child – Where wife seeks a change of the child’s surname to reflect both parents – where wife’s surname should be reflected in the child’s name – where no change of surname.

  • Hamoud & Tesut [2017] FamCA 419

    15 Jun 2017

    FAMILY LAW – CHILDREN – Final orders – International relocation – best interests of the child – meaningful relationship with both parents – where the child was abandoned by both parents at a young age – where the child seeks to return to the Middle East with the father – where returning would not promote a relationship with the mother – where the child may be returning to a fantasy – not in the best interests of the child to relocate.

    FAMILY LAW – PROPERTY – Final orders – alteration of property interests – consideration of contribution by the parties – just and equitable – where the husband receives 80 per cent of the total asset pool – where the wife receives 20 per cent of the total asset pool.

  • Re: Pat [2017] FamCA 418

    15 Jun 2017

    FAMILY LAW – MEDICAL PROCEDURES – Gender dysphoria – Application for the child to undergo Stage 2 treatment for gender dysphoria – Where the child is 17 years of age –Consideration of whether the child is Gillick competent.

  • Cagnani & Stankic [2017] FamCA 417

    15 Jun 2017

    FAMILY LAW – PROPERTY – Application by husband for a property settlement – contributions – add-backs – Orders made for the division of property for both superannuation and non-superannuation on the basis of 60 per cent to the wife and 40 per cent to the husband

  • Jordan & Jordan [2017] FamCA 416

    15 Jun 2017

    FAMILY LAW – CHILDREN – With whom the children should spend time – Supervised time – Where the parties agree the eldest child should remain resident with the father and the youngest child should remain resident with the mother – Where the issues distilled to whether or not orders should be made regulating the manner in which the children spend time with each other and/or the non-residential parent – Where the only reliable aspect of the children’s views is probably their mutual wish to retain and promote their sibling connection – Where the eldest child’s behaviour is prone to be aggressive and unruly – Where the eldest child has struck the youngest child – Where the children need respite from involvement in the parties’ antipathy and litigation – Where it is unlikely either party would facilitate the attendance of the children at the other’s home – Concluded neither party is capable of allowing the children the emotional autonomy to enjoy visits with the other party – Concluded supervised interaction between the children is preferable – Ordered the children spend supervised time with each other for two hours each month

  • Aaron & Jenkins [2017] FamCA 414

    04 May 2017

    FAMILY LAW – PROPERTY – De facto - Application for an adjustment of property by applicant in circumstances where parties agree there was a de facto relationship for the purposes of Part VIIIAB of the Family Law Act 1975 (Cth)  6235 of 1997

  • Salway & Fegley [2017] FamCA 410

    09 Jun 2017

    FAMILY LAW – CHILDREN – Where Orders made for the eldest son to live with the father and the youngest child to live with the mother – Where Orders made for the parties to have sole parental responsibility for the child who lives with them – Where Orders made for the eldest son to spend time with the mother in accordance with the child’s wishes – Where the Court finds that there is a lack of evidence to the contentions made by both the mother and the father against the other that the children are at risk of physical harm –Where the Court finds that the children are at risk of ongoing psychological harm due to the ongoing conflict between the mother and father – Where current parenting arrangements are varied to reduce the interaction between the parties.

    FAMILY LAW – PROPERTY – Where the parties were married for approximately eighteen years and have three children – Where the Court finds that in the context of a long marriage the parties’ financial contributions are equal – Where the Court finds that non-financial contributions by the wife favour an adjustment to her of 5 per cent –Where the Court finds that section 75(2) factors justify an additional adjustment of 10 per cent in favour of the wife – Where no superannuation splitting order made.

  • Poulsen & Poulsen and Anor [2017] FamCA 387

    02 Jun 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Proceeds of sale of former matrimonial home – Where a company in liquidation is joined as a respondent to proceedings – Where the wife seeks to receive $400,000 from the proceeds of sale – Where the wife’s application is dismissed – Where the remaining balance of proceeds of sale are to be held in a solicitor’s trust account.

    FAMILY LAW – PRACTICE AND PROCEDURE – Disclosure – Where the husband is to disclose documents relating to the payment of fees to solicitors and accountants.

  • Seabrooke & Seabrooke [2017] FamCA 386

    02 Jun 2017

    FAMILY LAW – CHILDREN – Best interests of the child – Where there are allegations that the father sexually abused his step daughter – Where there are allegations the father poses an unacceptable risk of sexual harm to the child – Where there is a serious risk the father did sexually abuse his step daughter – Where the father poses an unacceptable risk of harm to the child – Where there are allegations of family violence in relation to the mother’s partner – Where the mother’s partner has shown insight – Where the mother’s partner is not an unacceptable risk of harm – Where the father raises concerns as to the mother’s parenting capacity – Where the mother has demonstrated protective behaviour towards the child – Where the mother has adequate parenting capacity – Where there is no benefit to the child in having a meaningful relationship with the father – Orders made for the mother to have sole parental responsibility – Orders made for the child to have no contact with the father.

  • Tritton & Poyzer [2017] FamCA 342

    24 May 2017

    FAMILY LAW – PROPERTY – section 79A of the Family Law Act 1975 (Cth) – whether there has been a miscarriage of justice by reason of fraud, duress, suppression of evidence, the giving of false testimony or any other circumstances as such would, in its discretion, set aside an order made by this Court on 3 August 2010 - where it is alleged that an asset valued at $446,760 was not taken into account - that a true valuation of property was not realised - the husband having allegedly failed to provide full and frank disclosure and whether the husband was the beneficial owner of property at  the date of hearing – justice has not miscarried and the application should be dismissed.