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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.

  • White & White [2019] FamCA 13

    18 Jan 2019

    FAMILY LAW –PROPERTY – notional add-back – waste incurred by one party occasioned by the other – fraud –standard of proof – privilege claim – Jones v Dunkel inference

  • Sirola & Sirola and Ors (No 3) [2018] FamCA 1133

    13 Dec 2018

    FAMILY LAW – PROPERTY SETTLEMENT – CONSENT ORDERS – Just and equitable – Where the parties have sought that a property settlement be effected in terms of final consent orders presented to the Court – Where the Court finds that the adjustments set out in those consent orders are just and equitable, having regard to the facts of the matter – Where a case guardian has been appointed for the husband – Where the Court finds that the making of the consent orders is in the husband’s best interests – Orders made in accordance with the proposed consent orders.

  • Sirola & Sirola and Ors (No 2) [2018] FamCA 1132

    13 Dec 2018

    FAMILY LAW – PRACTICE AND PROCEDURE – Application for appointment of case guardian – Property proceedings – Where the interveners and the wife seek the appointment of a case guardian for the husband – Court finds that the husband has mental health concerns which mean he is not capable of adequately conducting or giving adequate instructions for the conduct of the case – Orders made for the appointment of a case guardian.

  • Siddons & Siddons [2019] FamCA 71

    19 Feb 2019

    FAMILY LAW –CHILDREN – PARENTING – where issues were modest but include orders arising from allegations made by young children.

  • Shelbourne & Shelbourne [2018] FamCA 1135

    05 Dec 2018

    FAMILY LAW – PROPERTY – Costs – Interim financial orders – Where the wife seeks a payment of $100,000 by way of partial property settlement for payment of legal fees and a dollar for dollar order – Where the husband opposes the orders sought – Where the wife does not have capacity to meet her legal costs and she has incurred more than $100,000 in costs unpaid – Where the Court must make an order that is enforceable – Where there is no evidence of $100,000 in liquid funds – Where no order is made for partial property settlement – Where a dollar for dollar costs order is made.

    FAMILY LAW – SPOUSAL MAINTENANCE – Interim – Where the husband seeks that an order for spousal maintenance previously made be vacated – Where it is not reasonable to interrupt the arrangement shortly before the final hearing.  


  • Sgouros & Glezos [2019] FamCA 63

    06 Feb 2019

    FAMILY LAW –PROPERTY – final property settlement – where the parties were married for 28 years and had seven children – where the husband ceased working in the parties’ business in 2009 – where the wife continues to operate the business – where the business has a nil value – finding that the contributions are equal – Section75(2) adjustment due to income-earning disparity

  • Seer & Hett [2019] FamCA 70

    08 Feb 2019

    FAMILY LAW – FAMILY LAW – PRACTICE & PROCEDURE

  • Quaile & Barodin [2019] FamCA 52

    08 Feb 2019

    FAMILY LAW –CHILDREN -  PARENTING – Where the husband seeks an equal time arrangement with the children – Where the children have a strong and loving relationship with each of their parents – Where the children currently spend five nights a fortnight with the husband – Where the children do not currently have a full weekend with the wife – Where the children are settled in their current time arrangement – Where the wife is better able to meet the complex emotional needs of the children – Where significant weight is given to the children’s wishes – Order for the children to live with the wife and spend significant and substantial time with the husband – Where the husband sought equal shared parental responsibility – Where the wife sought sole parental responsibility for medical and allied health matters – Where the wife otherwise sought equal shared parental responsibility – Order for equal shared parental responsibility – order for each party to have sole parental responsibility when the children are in their care. 

    FAMILY LAW –PROPERTY – Where there is a significant dispute about initial and ongoing contributions – Where the wife is a beneficiary of a substantial estate – Where a “two pools” approach was adopted in respect to the matrimonial asset pool  and the estate pool– Where both parties sought a s79(2) adjustment –  Where the wife’s parents had provided an interest free loan of $1.2 million to the parties – Where the intention was to provide benefit to the wife – Where that contribution is taken into account as a contribution on behalf of the wife- Where the benefit of that loan is also a financial resource to be considered under s75(2) - Where the wife’s contributions to the matrimonial pool outweigh those of the husband – Where contributions to the matrimonial pool are assessed as 60 per cent to the wife and 40 per cent to the husband – where the wife will receive significant interest in the Estate, and the benefit of the interest free loan – Where an adjustment of $750,000 is made to the husband.

    FAMILY LAW –CHILD SUPPORT – Where the wife seeks an application for a departure from the current child support assessment – Where the wife argued a history of applications to the Child Support Agency constituted “special circumstances” under s 116 and 117 of the Child Support Assessment Act 1989 (Cth) – Where no special circumstances are found – Where further, it would not be just or equitable to make a departure order – Where orders by consent are adopted.


  • Nehru & Nehru [2018] FamCA 1131

    20 Dec 2018

    FAMILY LAW – CHILDREN – FINAL ORDERS – With whom the children live - application for children to live with father and that he have sole parental responsibility - where the mother was aware of proceedings but lives overseas – where the mother made allegations of family violence against the father – where the mother consistently failed to make appearances and rarely engaged proceedings - where the orders made as sought by the applicant – orders made ex-tempore.

  • Nardini & Nardini [2019] FamCA 37

    31 Jan 2019

    FAMILY LAW –CHILDREN – Parental responsibility – With whom the children spend time – Where the mother seeks equal shared parental responsibility and to spend time with the children – Where the mother seeks such time to transition from supervised to unsupervised time – Where the father seeks sole parental responsibility, for the children to live with him and to spend supervised time with the mother – Where the Independent Children’s Lawyer seeks orders for the children to initially spend supervised time with the mother, with an opportunity for the mother to demonstrate capacity to transition to unsupervised time – Where the mother has experienced significant mental health issues – Court finds that the parents do not have the capacity to communicate effectively – Court finds that the mother has not adequately acknowledged or addressed her mental health issues – Court finds that the children would face an unacceptable risk of harm in spending unsupervised time with the mother – Orders made for the father to have sole parental responsibility – Orders made for the children to spend supervised time with the mother – Orders made for the mother to have an opportunity to demonstrate insight into her mental health and her parenting capacity and upon so doing, the opportunity to transition to unsupervised time with the children upon agreement between the parties.

    FAMILY VIOLENCE – Where the mother contends that her mental health was adversely impacted upon by family violence perpetrated by the father – Where the father alleges that the mother has been violent towards him and the children – Where the Court has concerns regarding the credibility of the mother’s evidence – Where the mother’s revised position does not assert that the children are at risk of harm in the father’s care.


  • Milson & Myron [2019] FamCA 69

    11 Feb 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Adjournment – Application dismissed.

  • Merritt & Merritt [2018] FamCA 1107

    19 Dec 2018

    FAMILY LAW – CHILDREN – With whom a child spends time – Where this is the second parenting trial between these two parents – Where the matter was remitted for a re-trial after a successful appeal – Where the father seeks to recommence spending time with the children and the mother opposes such time based on her belief that the father sexually abused one of their children – Where the children have not spent any time with the father for five years and seem to currently hold a negative opinion of him – Where the Court is not persuaded on the balance of probabilities that the father did sexually abuse one of their children – Where the Court finds that the father does not pose an unacceptable risk of harm to the children - Where the Court finds that even if the child believes she has been abused by the father, there is no unacceptable risk of harm to the children if they spend time with him – Where the Court finds it is more likely that the mother misinterpreted what was initially an innocent statement by the child – Where Court orders the children to spend unsupervised time with the father after a careful and supervised period of reintroduction – Where the parties have agreed that the mother is to have sole parental responsibility for major long term decisions.

  • Lovett & McGregor [2019] FamCA 49

    08 Feb 2019

    FAMILY LAW –CHILDREN – With whom a child lives – best interests of the child – where the children are ordered to live with the father – where the children are ordered to spend substantial time with the mother - where the orders made involve a change of residence for the children – where it is still important that the children have a meaningful relationship with both parents - where the parties have been engaged in tumultuous litigation for the past four years – where the mother in the past has ceased time and withheld the children from the father - where the mother has consistently repeated allegations that the father sexually abused the children - where there were multiple sets of interim orders made that balanced the need for the children to spend time with the father and any potential risk – where the mother had adult conversations about the allegations of sexual abuse in front of the children – where the mother has taken the course of attempting to diminish the children’s relationship with the father –where the mother pursued the possibility of abuse through Child Abuse Services in Victoria and NSW - where there is no evidence to support the father being at risk of sexual harm to the children – where investigations were undertaken and neither child made any disclosures of abuse - where there was no evidence of sexual abuse or other abuse of the children arising from interviews and the case was closed - where the mother produced harrowing recorded evidence produced by herself during cross-examination – where the mother engaged the children in conversation using a particular questioning technique – where the mother while she is a loving and devoted parent developed a parenting technique that was intrusive and ultimately abusive - where the mother would use this questioning technique with the children until the Court told her to cease – where there is a risk of the mother using this questioning method if she again became concerned.

    FAMILY LAW –CHILDREN – PARENTAL RESPONSIBILITY – where there is a great deal of hostility between the parties – where the mother reveals a contemptuous attitude towards the father and sees herself as the superior parent – where the  evidence does not support the mother’s attitude – where the father is attuned to the needs of the children – where the mother in the past has made decisions without consulting the father – where the father is ordered to have sole parental responsibility – where the father possesses the ability to communicate with the mother about the long term decisions he makes regarding the children.

    FAMILY LAW –CHILDREN – PROCEDURAL – where proceedings were commenced in the Federal Circuit Court – where proceedings were transferred to the Family Court of Australia - where the basis of the transfer was due to the unresolved allegations of sexual abuse - where the parties agreed on the commission of a single expert report – where the single expert report provided a report and an updating report at a later date.


  • Lepanto & Lepanto [2019] FamCA 62

    14 Feb 2019

    FAMILY LAW –COSTS – Where husband fails to engage in proceedings – Where necessary for wife to proceed to undefended hearing – Where wife seeks order as to indemnity costs – Where consideration of applicable principles – Where appropriate for an order to be made that the husband pay the wife’s costs in the sum of $30,000.00

  • Jeter & Jeter [2019] FamCA 61

    14 Feb 2019

    FAMILY LAW – COSTS – Costs arising from property application – Consideration of applicable principles – Where no circumstances justifying departure from the general rule that each party pay their own costs – Where application for costs dismissed.

  • Independent Children’s Lawyer & Johal [2019] FamCA 65

    01 Feb 2019

    FAMILY LAW –COSTS – Application by Independent Children's Lawyer for costs – Where the Court finds that the father’s evidence is insufficient to establish that he would experience financial hardship if he were to be required to meet that cost – Where the Court finds that the public interest supports an order being made for the payment of the Independent Children’s Lawyer’s costs – Application granted.

  • Idanov & Dunstable (No 2) [2018] FamCA 1134

    08 May 2018

    FAMILY LAW – CONTRAVENTION – where respondent wife does not attend – where no contact with a child is occurring and the reasons are unclear – application for a warrant for arrest sought and granted on the basis of the wife’s evasive material.

    FAMILY LAW – COSTS – where the wife does not explain her absence – order for costs made.


  • Huffman & Bourman [2019] FamCA 59

    07 Feb 2019

    FAMILY LAW –CHILDREN – interim orders – time with – supervised – unsupervised.

  • Hawtin & Hawtin [2019] FamCA 60

    08 Feb 2019

    FAMILY LAW –CHILDREN – Parenting – interim.

  • Grainger & Grainger [2019] FamCA 56

    11 Feb 2019

    FAMILY LAW – CHILDREN – where final parenting orders were made in 2015 for the child to live with the mother and spend supervised time with the father with provision for the father to apply to vary the time with orders – where in 2016 the father sought to vary the final orders – where the child has not spent any substantial time or communicated with the father since September 2015 – where the Court finds the child’s persistent opposition to spend time with the father a significant issue – orders made for the child to live with the mother and spend no prescribed time with the father

  • Fabell & Fleetwood [2019] FamCA 67

    22 Jan 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the mother seeks orders ex parte – Where the mother has not established that an order for short notice would not suffice – Where the father is entitled to notice of the orders sought against him and an opportunity to be heard – Where the matter is listed to be heard at a later date.

  • Fabell & Fleetwood (No. 2) [2019] FamCA 68

    30 Jan 2019

    FAMILY LAW – CHILDREN – Interim orders – Where there is a dispute as to whether the younger child should spend overnight time with the father – Where the matter is listed before the senior registrar soon for the making of interim orders – Where no order is made for overnight time pending further order

  • Department of Family and Community Services & Falcous [2019] FamCA 64

    14 Feb 2019

    FAMILY LAW – CHILD ABDUCTION – Hague Convention – Where there is one child aged three years – Where the paternal grandmother relocated with the child from New Zealand to Australia in January 2018 – Where prior to the relocation the child was living with the paternal grandmother – Where in 2017 the mother signed a document stating that the paternal grandmother was the primary carer of the child – Where the mother asserts that in 2017 she consented to the paternal grandmother taking the child to Australia for a holiday of up to one month – Where the paternal grandmother asserts that the mother consented to her relocating with the child to Australia indefinitely – Consideration of reg 16 of the Family Law (Child Abduction Convention) Regulations 1986 (Cth) (“the Abduction Regulations”) – Where the paternal grandmother argues that the mother was not exercising rights of custody prior to the retention in Australia – Where the mother had commenced parenting proceedings in New Zealand and subsequently initiated action under the Hague Convention – Where the mother was exercising rights of custody immediately prior to the time of retention and she would have exercised some of those rights but for the retention – Where the circumstances fall within the provision of the Abduction Regulations – Where the paternal grandmother sought to establish a defence that the mother consented to the child relocating to Australia – Where the note asserting that the paternal grandmother is the primary carer of the child does not amount to consent to relocation – Where the child is required to be returned to New Zealand.

  • Department of Child Safety, Youth and Women & Dimatina [2019] FamCA 66

    07 Feb 2019

    FAMILY LAW – CHILD ABDUCTION – child brought to Australia – Hague Convention – Application under the Hague Convention for the return of the child to New Zealand – prima facie case for return order established – interim order made

  • Denton & Zei [2018] FamCA 1123

    18 Dec 2018

    FAMILY LAW – CHILDREN – Parental Responsibility – where the father seeks equal shared parental responsibility and graduating time arrangements with the child – where the child is six years old - where the father has not seen the child in almost three years – where the father has previously pled guilty to child pornography offences and sexual penetration with a child under sixteen years of age – where the father has exhibited problematic personality traits – where the father has not taken the necessary steps to address these problems - where there is a high level of hostility and conflict between the parents – Order for mother to has sole parental responsibility – Order for the father to have no time with the child.

  • Clifford & Miles [2019] FamCA 41

    05 Feb 2019

    FAMILY LAW – CHILDREN – Best interests – where the mother initially alleged that the father posed a risk of sexual harm to the child – where there is no objective evidence that supported the mother’s allegation that the father sexually abused the child - where the mother changed her position on the father posing a risk of sexual harm to the child during the final hearing –where the father contends that the mother falsely accused him of assaulting the child and is likely to do so in the future – where the father seeks that the child lives with him – where the father does not pose an unacceptable risk of harm to the child – where the child will benefit from a meaningful relationship with both parents – where there are some concerns about the mother’s capacity to facilitate the child’s relationship with the father – orders made for the parties to equally share parental responsibility – orders made for the child to live with the mother and spend time with the father.

  • Bourman & Huffam [2019] FamCA 58

    07 Feb 2019

    FAMILY LAW – ALLEGED CONTRAVENTION OF PARENTING ORDERS

  • Bangi & Belov [2019] FamCA 42

    06 Feb 2019

    FAMILY LAW – CHILDREN – Where there is one child aged almost 13 years – Where the matter was remitted by the Full Court for consideration of a discrete issue – Where the dispute relates to the proportion of time the child will spend with each parent during school terms – Where the police have attended the mother’s residence on multiple occasions due to reported violence and conflict between the mother and her partner – Where more time in the father’s household and less time in the mother’s household will reduce the child’s risk of exposure to violence, conflict and alcohol use – Where orders are made that the child lives with the father and spends substantial and significant time with the mother.

    FAMILY LAW – PARENTAL RESPONSIBILITY – Where an order has been made for the parents to have equal shared parental responsibility – Where the parents are unable to agree about which school their child will attend – Consideration of the proposed schools and the circumstances of the child – Where an order is made specifying which school the child will attend.

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the matter has been remitted by the Full Court – Where the father seeks to rely on findings made by an earlier Court in the same proceedings – Consideration of case law and s 69ZX of the Family Law Act 1975 (Cth) – Where the Court is able, but not required, to adopt unchallenged findings made by the trial judge in earlier proceedings.


  • Wentworth & Wentworth [2019] FamCA 57

    08 Feb 2019

    FAMILY LAW – CHILDREN – With whom a child lives and spends time – Best interests of a child – Where the mother seeks equal shared parental responsibility, that the child live with her and spend time with the father – Where the father seeks sole parental responsibility, that the child be removed from the mother’s care to live with him and spend time with the mother – Where the mother made allegations that the father sexually abused the child –Where the mother withdrew the allegations of sexual abuse against the father during the final hearing – Where the Court finds that the father did not sexually abuse the child – Where the mother presents an unacceptable risk of emotional or psychological harm to the child – Where the mother does not have the capacity to promote the child’s relationship with her father - Where the child will live with the father – Where the risk of harm by the mother can be ameliorated by supervision and psychological therapy –– Where the mother will spend time with the child on a basis graduating from supervised time in a contact centre to unsupervised time on alternate weekends after a six week no contact moratorium.

  • Valdez & Frazier [2019] FamCA 12

    18 Jan 2019

    FAMILY LAW – CHILDREN:- With whom a child lives – With whom a child spends time – With whom a child communicates - Application by father seeking a change of child’s residence and that initially mother not spend any time with the child for a period of three months – Application opposed by the mother – Mother alleges the father poses an emotional and psychological risk to the child and that the only way for the child to be protected is to spend less time with the father – Orders that child live with the mother – Orders that Mother have sole parental responsibility for the child – Orders that father spend time with the child – Specific Issues orders – Injunctive orders

    FAMILY LAW – PROPERTY -  De facto property settlement – Contributions – Small asset pool -Superannuation – Orders made in circumstances where Court is satisfied it is just and equitable to do so


  • Turnbull & Turnbull [2019] FamCA 54

    08 Feb 2019

    FAMILY LAW – CHILDREN – Interim parenting – Best interests of the child – Where concerns as to the child’s enmeshment in parental conflict – Where there are untested allegations as to abuse or family violence by the father – Where the child aged eight has objectively reported allegations – Where there are concerns as to the father’s mental health – Where a Single Expert Report is expected shortly – Where it is in the child’s best interests to retain present interim orders as to the child’s time with the father pending the Single Expert report and final hearing – Where orders made accordingly

  • Suk & Fulham [2019] FamCA 53

    08 Feb 2019

    FAMILY LAW – COSTS

  • Steyr & Steyr [2019] FamCA 55

    06 Feb 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Discharge of previous orders

  • Seidler & Cerny [2019] FamCA 29

    30 Jan 2019

    FAMILY LAW – CHILDREN – Where there is one child aged six years – Where the child is currently spending nine nights per fortnight with his mother and five nights per fortnight with his father – Where the father seeks a progression to an equal time arrangement – Where the mother seeks that the current orders continue save for a slight change to reduce the number of changeovers – Where it is agreed that the parties will have equal shared parental responsibility – Where the father’s case was to attack the mother’s character and the maternal family – Where there is a risk of the child being exposed to the father’s attitude regarding the mother and maternal family – Where the child is doing well under the current arrangement – Where it is ordered that the current arrangements continue.

    FAMILY LAW – PROPERTY – Where the parties cohabited for approximately six years and there is one child of the relationship – Where both parents are highly qualified professionals – Where the father’s initial contribution was greater than that of the mother – Where the mother has had the primary care of the child since separation – Where contributions are assessed to be equal – Where the father has a greater earning capacity than the mother – Where the mother will continue to have greater care of the child – Where there is an adjustment of 10 per cent in favour of the mother – Where the property division is therefore 60 per cent in favour of the mother and 40 per cent in favour of the father.

    FAMILY LAW – CHILD SUPPORT – Where the mother seeks a child support departure order – Where the father opposes such an order – Consideration of s 117 of the Child Support (Assessment) Act 1989 (Cth) – Where the parties each have a high income – Where it is just and equitable and otherwise proper to make the orders sought by the mother.


  • Rudd & Riddick [2019] FamCA 44

    06 Feb 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – application for expedition – application refused.

  • Romario & Aguera and Anor [2019] FamCA 47

    08 Feb 2019

    FAMILY LAW – LEGAL PRACTITIONERS – SOLICITOR’S LIEN – Where application by wife’s former solicitor for a lien over certain funds that may be due and payable to the wife under any property orders – Where as a consequence of the solicitor’s engagement by the wife, the wife incurred costs due to the solicitors – Where appropriate to make orders sought – Where appropriate to grant liberty to wife to apply.

  • Morphett & Surnam [2019] FamCA 50

    08 Feb 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – LEAVE TO COMMENCE OUT OF TIME – Where applicant wife seeks leave to commence property proceedings out of time – Where consideration of applicable principles – Where leave granted

  • Menuhin & Menuhin [2019] FamCA 45

    06 Feb 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – application for expedition – application refused.

  • Masoum & Chetcuti [2019] FamCA 51

    08 Feb 2019

    FAMILY LAW – PROPERTY ADJUSTMENT –  Where 15 year marriage with children  – Where both parties seek disparate orders as to adjustment – Where wife lived in the matrimonial home with the children after separation – Where wife has ongoing care of the children – Where consideration of contributions – Where consideration of applicable principles – Where orders for property adjustment made

  • Jillett & Jillett [2019] FamCA 48

    08 Feb 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Slip Rule Application – Where error as to value attributed to one asset – Where consequent mathematical error in final order as to cash adjustment payable to wife – Where appropriate to amend orders and reasons for judgment accordingly.

  • Ingles & Ingles and Ors [2019] FamCA 33

    31 Jan 2019

    FAMILY LAW – PROPERTY – Settlement in relation to marriage – Whether the interest of the husband in a trust is property or a financial resource – Where the husband is the appointor of the trust – Where the husband is a trustee and is within the specified range of beneficiaries – Where the husband is not the sole trustee – Where the legitimate interest of a third party arises – Where the trust is not a sham – Where the trust is not the alter-ego of the husband – Consideration given to whether the trustees hold the assets of the trust for the husband or for the husband and wife arising out of an express or constructive trust – Identification of the property of the parties available for division

  • Hilditch & Huang [2019] FamCA 43

    06 Feb 2019

    FAMILY LAW – INTERIM PARENTING – Where the father seeks an order for the mother to facilitate the child’s time with the father – Where the child has not spent time with the father for several weeks – Where the mother seeks the child spend less time with the father – Where the child seeks time with the father, but wants that time to be less than previously ordered – Orders made for the child to spend alternate weekends with the father – Where the mother seeks sole parental responsibility for medical issues – Where that matter will be resolved at final hearing.

  • Choat & Grendel [2019] FamCA 32

    31 Jan 2019

    FAMILY LAW – CHILDREN - PARENTING – Final Orders – Where the child of the parties who is nearly 13 has not seen her father since October 2014 nor communicated with him since 2016 and was adamant that she did not wish to see him – Where the father alleged the child had been alienated from him and sought that the child be moved to live with him – Where it was in the child’s best interests to make an order in favour of the mother for sole parental responsibility and that the child live with her and an order that the child spend no face to face time with nor communicate with the father except in the limited circumstances provided for in the orders

  • Bowden & Bowden [2019] FamCA 24

    25 Jan 2019

    FAMILY LAW – INTERNATIONAL RELOCATION – Where the mother seeks to relocate to England with the four children– Where the father does not consent to the relocation – Where the parties migrated from England – Where the parties have lived in Australia for the past ten years – where the eldest child is about to turn eighteen – Where the eldest child is in his final year of high school – where the children live with the mother and spend time with the father – where the parents are unable to effectively communicate – Where it is not in the best interests of the children to move away from the father – Where it is not in the best interests of the children to have substantial changes in their schooling – Orders to dismiss Application for International Relocation

    FAMILY LAW – PARENTING – Where the mother seeks sole parental responsibility – Where the father seeks equal shared parental responsibility – Where the parents have been unable to communicate since separation – Where the parents have prioritised their disputes over the best interests of the children – Where there is no dispute in many major long term issues – Where the parents are capable of equal shared parental responsibility – Order for equal shared parental responsibility – Where it is not in the best interests of the children for equal time arrangement – Where the children are settled in current parenting arrangement – Where the children do not seek change in their current living arrangements.


  • Ackland & Billings [2019] FamCA 46

    07 Feb 2019

    FAMILY LAW – CHILDREN – With whom a child spends time – Best interests of a child – Where the mother seeks sole parental responsibility, that the child live with her and spend no time with the father - Where the father seeks equal shared parental responsibility and unsupervised time with the child – Where the father has perpetrated family violence against the mother – Where the father has criminal convictions of a violent nature – Where the father has made threats of harm to several people including a former independent children’s lawyer - Where the father abuses alcohol – Where the father is likely to have a profound personality disorder - Where the father presents an unacceptable risk of harm to the child and does not have the capacity to provide adequate parenting for him – Where the risk of harm cannot be ameliorated by supervision – Where the father will spend no time and have no communication with the child other than sending cards or letters twice a year.

  • Zaro & Zan [2019] FamCA 4

    11 Jan 2019

    FAMILY LAW – JURISDICTION – STAY APPLICATION – proceedings commenced by wife in Australia for parenting and property orders – proceedings commenced by husband for divorce, child support, parenting and property proceedings in People’s Republic of China – husband sought stay of all proceedings in Australia – husband and child live in China – whether Court has jurisdiction to make parenting orders – whether child is “habitually resident” in Australia – consideration of bifurcation of the proceedings – stay ordered in respect of parenting proceedings – husband fails to discharge onus that Family Court of Australia is a “clearly inappropriate forum” for the property proceedings commenced by the wife in Australia

  • Zaccardi & Zaccardi [2019] FamCA 39

    01 Feb 2019

    FAMILY LAW – INTERIM PARENTING – Where there are competing applications for time with the child – Where the mother has ceased the child’s contact with the father – Where the mother seeks a no-contact order – Where the father seeks a reinstatement of supervised time with the child – Where an Apprehended Violence Order has been issued for the protection of the mother, the child, and the maternal grandmother from the father– Where the father was found guilty of assault occasioning actual bodily harm of the mother – Where the father has recently been charged with possession of ammunition and stalking/intimidation charges – Where the father alleges these accusations are deliberately false - Where the seriousness of allegations pose too high a risk to the mother and child – Where supervised contact will not ameliorate that risk – Orders made for no contact.

  • Yildirim and Anor & Bazouni and Anor [2019] FamCA 35

    31 Jan 2019

    FAMILY LAW – JURISDICTION – Section 79A application – where final property consent orders were made as between the husband and wife ‑ where the Applicants claim to be a creditor of the husband – where the Court finds the Applicants are not a creditor of the husband as defined nor are the Applicants “affected” by the orders made between the husband and wife – application dismissed

  • Yalsburg & Yalsburg [2019] FamCA 30

    24 Jan 2019

    FAMILY LAW – CHILDREN ‑ where the Court has previously made no finding of unacceptable risk in respect of either parent – where the mother holds entrenched views that the father has sexually abused the child – where the Court finds the mother’s current inability to genuinely support the child’s relationship with the father is a significant emotional risk to the child – where the Court finds it is in the best interests of the child to have a meaningful relationship with the mother – where the father and the ICL urge the Court to change the residence of the child – orders made for the child to live with the father

  • Wilkins & Coates [2018] FamCA 1098

    14 Dec 2018

    FAMILY LAW – CHILDREN – INTERNATIONAL RELOCATION – Where mother seeks to relocate with the child – Where father opposes relocation – Where the mother’s emotional and financial circumstances will improve if relocation is permitted – Whether mother’s parenting capacity will improve if relocation permitted – Whether the relationship between the father and the child will deteriorate if relocation is permitted – Findings that relocation is in the child’s best interest – Relocation permitted – Where order for equal shared parental responsibility is in the child’s best interest – Where orders are made for the child to live with the mother and spend significant and substantial time with the father if he is able to do so.

  • Wiles & Paglia (No. 2) [2018] FamCA 1119

    21 Dec 2018

    FAMILY LAW – CHILDREN – Best Interests – Relocation – Where the mother consented to interim orders at the end of the trial for the child to live with the father – Where the father wants to return to live in Country FF with the child and the mother wants to remain in Australia with the child – Where the parties relocated to Australia just prior to separation – Where the mother suffers from a rare psychological  syndrome – Where finding that mother poses an unacceptable risk to the child – Where no unacceptable risk to the child from the father - Where the Court finds it is in the child’s best interests for the child to live with her father and that he be able to relocate to Country FF – Where the father shall have sole parental responsibility for the child and orders shall be made for the child to spend supervised time with the mother.

  • Sun & Long [2019] FamCA 3

    11 Jan 2019

    FAMILY LAW – CHILDREN – Recovery order – Anti-suit injunction – Interim parenting orders – Where the mother seeks that a recovery order be made – Where the mother seeks that the father be restrained from proceeding with his parenting application in China – Where the mother seeks interim orders that she have sole parental responsibility for the child – Where the mother seeks interim orders that the child live with her – Where the father asserts that there is no jurisdictional basis for consideration of the mother’s application by this Court – Where the Court finds that the child was not habitually resident in Australia – Where the Court declines to make orders sought by the mother on a jurisdictional basis.

  • Seidel & Dixson [2019] FamCA 25

    25 Jan 2019

    FAMILY LAW – CHILDREN –Undefended final parenting hearing – Where the father has perpetrated serious family violence against the mother – Where the father has mental health problems – Where the father poses an unacceptable risk of psychological harm to the children on the basis of exposing the children to family violence – Where it is not in the children’s best interests to have contact with the father – Orders made for the children to live with the mother and spend no time with the father – Orders made restraining the father from contacting or approaching the mother and children.

  • Rilak & Tsocas [2019] FamCA 34

    24 Jan 2019

    FAMILY LAW – INTERIM APPLICATION – s 102QB vexatious litigant application – Rice & Asplund – order in which proceedings are to be conducted

  • Overton & Dyson [2019] FamCA 20

    23 Jan 2019

    FAMILY LAW – CHILDREN – RESIDENCE AND CONTACT - With whom a child lives – where the children are ordered to live with the mother – where the children have lived with the mother since separation – where the children are ordered to spend substantial and significant time with the father that incrementally increases as the children age – where conflict exists between the maternal and paternal families however the children have and continue to develop significant connections with both sides - where the mother has a history of prioritising male partners – where there have been police involvement between the mother and former partners – where there is a restraint preventing the mother from bringing the children into contact with a former partner

    FAMILY LAW – CHILDREN – SURROGACY - where the children are born through surrogacy – where the parties entered into a commercial surrogacy agreement overseas – where the children were artificially conceived - where the father provided the genetic material for the children to be conceived - where the children were issued Australian passports at birth – where the children are Australia Citizens through descent - where the mother is the psychological mother of the children and their primary caregiver – where the father made comments to the children about the egg donor and their heritage - where there is a restraint on both parties discussing the circumstances of their birth with the children until there is agreement between the parties – where there is a restraint on the children having any further or form of communication with either of the women who acted as the egg donor or gestational surrogate – where there is a declaration made under s 69VA that the father is a parent of the children

    FAMILY LAW – CHILDREN – PARENTAL RESPONSIBILITY – best interests of the child – where the presumption of equal shared parental responsibility remains – where both parties are committed and loving parents – where the parents have demonstrated their ability to co-parent together post separation - where there is a history of family violence reports – where there has been an apprehended domestic violence order between the parties – where the mother’s fears related to the father removing the children from her primary residence rather than fear of the father himself – where the mother acknowledges that there was no physical violence in the relationship


  • Matech & Matech [2019] FamCA 36

    31 Jan 2019

    FAMILY LAW – PRACTICE & PROCEDURE – STAY – where the Applicant seeks a stay of interlocutory orders for the sale of an unencumbered property – where there are substantive enforcement proceedings on foot – application dismissed

  • Lyons & Lyons [2019] FamCA 31

    25 Jan 2019

    FAMILY LAW – NULLITY – where the Applicant seeks a decree of nullity – where at the time of the marriage ceremony the Applicant was already married – where the marriage is declared void – where the matter is referred to the Attorney-General’s department

  • Lipovic & Sorrel [2019] FamCA 38

    01 Feb 2019

    FAMILY LAW – CHILDREN – Final parenting – Where a non-parent seeks orders to spend time with the child – Where the non-parent stepfather is the father to the child’s half siblings – Where the father has perpetrated family violence against the mother – Where it is the opinion of the expert that it is in the child’s best interests to spend time with the non-parent – Consideration of relevant principles – Where order made for child to spend time with non-parent stepfather.

  • Ingham & Ingham [2019] FamCA 28

    25 Jan 2019

    FAMILY LAW – ADOPTION – Application for leave to commence proceedings – step-parent adoption – application granted

  • Hunter & Hunter [2019] FamCA 40

    30 Jan 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Review of Registrar’s decision – where the relief sought in the husband’s Application was that service of his itemised cost account upon the wife be deemed valid pursuant to Rule 19.21 of the Family Law Rules 2004 (Cth), or in the alternative, that the time limited for service of the husband’s cost account upon the wife be extended – consideration of the phrase “after the end of the case” – where it is found that in this case “after the end of the case” is after the Full Court dismissed and disposed of the Second Respondent’s appeal

  • Gustz & Denniston [2019] FamCA 16

    22 Jan 2019

    FAMILY LAW – CHILDREN – Parentage – artificial insemination – presumptions of parentage – whether same sex couple was in de facto relationship at time of artificial conception procedure – witness credibility – whether the procedure was consented to by the applicant – Family Court of Australia in Canberra exercising its cross-vested jurisdiction from the Supreme Court of the Australian Capital Territory.

  • Gaskill & Beveridge [2018] FamCA 1114

    20 Dec 2018

    FAMILY LAW – CHILDREN – International relocation – Where there is one child aged eight years – Where the mother seeks to relocate with the child to the United Kingdom – Where the father opposes relocation – Where the father has been unavailable to the child due to alcohol dependency – Where the time the father is to spend with the child will be limited and supervised due to this alcohol dependency – Where the mother is to have sole parental responsibility – Where the mother has emotional and physical support of family and friends in the United Kingdom – Where orders are made for the child to relocate to the United Kingdom.

  • Francis & Rantaine [2019] FamCA 11

    18 Jan 2019

    FAMILY LAW – CHILDREN – Best interests of the child – equal shared parental responsibility – contingent order for equal time – children have meaningful relationship with both parents – weight given to the views of the children – weight to be given to maintenance of children’s current arrangements.

  • Farina & Lofts and Ors [2019] FamCA 27

    25 Jan 2019

    FAMILY LAW – PROPERTY – ‘Kennon’ claim – interim ruling

  • Drummond & Cantor [2018] FamCA 1096

    19 Dec 2018

    FAMILY LAW – CHILDREN – PARENTING – Final parenting proceedings – Best interests of the children – Where father perpetrated significant family violence – Where father had serious drug addiction and criminal history until 2015 – Where allegation of father sexual abuse of mother’s daughter not subject of these proceedings – Where evidence inconclusive as to whether such abuse occurred – Where mother believes abuse occurred – Where children have had no contact with father for some years – Where consideration of impact on mother of order for children to have time with the father – Where consideration of protective concerns – Where children and mother have ongoing good relationship with paternal grandmother – Where consideration of the children’s best interests – Where father’s circumstances now more stable in new relationship – Where order made for limited time with father under supervision of paternal grandmother or otherwise as agreed – Where mother to engage children in family therapy – Where mother to have sole parental responsibility – Where children to live with mother – Where Independent Children’s Lawyer appointment continued for 12 months with drug testing of father – Where mother authorised to change children’s surnames and obtain passports for the children

  • Derrick & Hicks [2019] FamCA 2

    11 Jan 2019

    FAMILY LAW – CHILDREN – Interim application – Where the father seeks orders that the children’s supervised time with him be extended – Where the father seeks orders that the contact service providing supervision of the children’s time with him be changed – Where the father seeks orders that he and the children attend family therapy – Where the father and the children have a strained relationship – Court finds that supervision of the children’s time with the father is mitigating any risk of harm that would otherwise be posed to them by that time – Court finds that there is a possibility of the children developing a more meaningful relationship with the father and that doing so would be in their best interests – Orders made for optional extension of the children’s time with the father, with consideration to be had to the children’s views in that regard – Orders made facilitating a change of the contact service providing supervision if the parties are unable to agree to a particular service – Orders made for family therapy.

  • Auden & Auden [2019] FamCA 17

    23 Jan 2019

    FAMILY LAW – INTERIM PROPERTY – Spousal maintenance – where the wife is unable to adequately support herself and the children – where the wife is the primary carer of the children – where the husband is able to pay spouse maintenance.

    FAMILY LAW – INTERIM PROPERTY – Where the husband unilaterally sold the matrimonial home – where the Second Respondent asserts that the parties owe him a significant debt – where the wife seeks an interim property settlement in order to purchase a property to house herself and the children – where the interim orders may be reversed.


  • Angelou & Tyler [2019] FamCA 9

    15 Jan 2019

    FAMILY LAW – PROPERTY –  Final orders

  • Akot & Rayan [2019] FamCA 18

    23 Jan 2019

    FAMILY LAW – CHILDREN – Where the father seeks orders for equal shared parental responsibility and for the children to spend time with him unsupervised – Where the mother seeks sole parental responsibility and that the children have no contact with the father – Where the father assaulted the mother in 2014 causing serious injury – Where the children witnessed the assault – Where the father has not spent time with the children since the assault occurred – Where the presumption of equal shared parental responsibility does not apply – Where the Court finds that the father is an unacceptable risk to the children – Where it is ordered that the mother have sole parental responsibility for the children, that the children live with the mother and spend no time with the father.

    FAMILY LAW – CHILDREN – Relocation – Where the mother seeks orders for her to relocate with the children to Melbourne – Where the father assaulted the mother in 2014 causing serious injury – Where an order has been made on a final basis restraining the father from spending time with the children – Where the relocation is allowed.


  • Spence & Garland and Ors [2018] FamCA 1097

    19 Dec 2018

    FAMILY LAW – CHILDREN – Residence – where there are competing applications between family members for parenting orders in respect of three children – where the eldest child is ordered to live with the mother – where there are no orders for the eldest child to spend time with the paternal family – where the middle and youngest children are ordered to live with the paternal grandparents – where there are orders for the middle child to spend significant and substantial time with the mother  – where the youngest child spends short periods of time with the mother - where the parties have been in continual litigation since 2007 – where the paternal grandparents have been significantly involved in the children’s lives and the proceedings for a number of years – where litigation has become entrenched in the family dynamics and where the tone of parenting proposals filed by the parties is punitive towards adults rather than child focused - where the issue of non-compliance with orders by all parties is at the heart of the litigation – where the Department of Family and Community Services intervened within the proceedings – where the Department of Family and Community Services was assigned sole parental responsibility for one of the children during the proceedings - where the mother and father both have partners that pose risk factors to the children – where the father and his new partner have two children who are currently in foster care – where a separation of siblings occurs – where the subject children have step-siblings in both the mother and father’s household – where there is a need to make orders that provide a level of stability for the children – where orders are made in the best interests of the children

    FAMILY LAW – CHILDREN – PARENTAL RESPONSIBILITY – where the mother is given sole parental responsibility for the eldest child – where the paternal grandparents are given sole responsibility for the middle and youngest child – where the party with whom the child is living should be given parental responsibility – where there is such hostility between the parties that they are incapable of discussing issues relating to the children with one another

    FAMILY LAW – CHILDREN – PRACTICE AND PROCEDURE – where there have been two previous sets of final orders – where this is the third set of final parenting orders being made in the history of the proceedings – where proceedings were commenced in the Federal Circuit Court of Australia and transferred to the Family Court of Australia – where there were recovery orders made in the Federal Circuit Court


  • Idoni & Sohrab [2018] FamCA 1128

    17 Dec 2018

    FAMILY LAW – CHILDREN – With whom a child lives and spends time – Best interest of a child – Where the parties are in conflict with respect to parental responsibility and with respect to the time the children shall spend with the mother – Where the mother seeks equal shared parental responsibility and equal shared time with the children – Where the father opposes the orders sought by the mother – Where the children have expressed their views to the family consultant – Where the family consultant does not support the mother’s proposal – Orders made ex-tempore

    FAMILY LAW – PRACTICE AND PROCEDURE – Adjournments – Where the mother seeks to adjourn the trial – Where the mother has not complied with trial direction orders – Where the father opposes any adjournment – Where the father seeks that the trial proceed on an undefended basis


  • Eldridge & Drysdale [2018] FamCA 1113

    21 Dec 2018

    FAMILY LAW – CHILDREN – Interim application – Where the father seeks that the children spend certain time with him – Where the mother alleges that the father has been physically abusive towards the children – Where the parties agree that the father’s time with the children should be supervised by relatives, pending the release of the Single Expert’s report – Court orders that the children spend day time only with the father – Court orders that such time be supervised by relatives – Court orders that the father undergo hair follicle testing – Court orders that an Independent Children’s Lawyer be appointed.

  • Duclos & Duclos [2018] FamCA 1088

    05 Dec 2018

    FAMILY LAW – CHILDREN – Where the husband has taken objection to the whole of the family report based upon s 131(1)(a) of the Evidence Act 1995 (Cth) – Where part of one sentence is excluded based upon that objection – Where an application is made by the husband for the disqualification of the family report writer on the grounds of actual and/or apprehended bias – Where there is no actual or apprehended bias and the balance of the husband’s application is otherwise dismissed

  • Dickens & Dickens [2018] FamCA 1109

    20 Dec 2018

    FAMILY LAW – CHILDREN – Parenting – Final – Where the children are aged 15 and 17 years old – Where they have not spent time with the father for over four and five years, respectively – Where the children express clear and strong views that they do not want to spend time or speak with their father – Where there is a history of family violence and protracted litigation – Where orders are made in accordance with the children’s wishes – Where the children are to live with their mother and she have sole parental responsibility.

    FAMILY LAW – PRACTICE AND PROCEDURE – Vexatious proceedings – Where the mother seeks an order pursuant to s 102QB(2)(b) of the Family Law Act 1975 (“Cth”) prohibiting the father from instituting further proceedings without the leave of the court – Where the father frequently instituted and pursued proceedings without reasonable grounds – Where an order is made in the terms sought by the mother


  • Department of Family and Community Services and Stewart [2018] FamCA 1108

    20 Dec 2018

    FAMILY LAW – CHILD ABDUCTION – Hague Convention – Where an application is made for the return of the child to the USA – Where the father opposes the application and claims the mother consented in accordance with regulation 16 of the Family Law (Child Abduction Convention) Regulations 1986 (Cth) – Where the father claims the child is a habitual resident of Australia – Where the applicant could not establish that the child was a habitual residence of the USA at the relevant time – Where both parents agreed for the child to live in Australia for an indefinite time – Where the child has acquired habitual residence in Australia – Application dismissed.

  • Darley & Darley (No. 2) [2018] FamCA 1086

    18 Dec 2018

    FAMILY LAW – CHILDREN – With whom a child lives – where each parent seeks that the children, aged 9 and 12, live primarily with them – where it is ordered that the children live with the mother – where the parents will have equal shared parental responsibility – where orders are made for the children to spend time with the father each alternate weekend and during school holidays

    FAMILY LAW – PROPERTY SETTLEMENT - Settlement in relation to marriage – just and equitable – where the parties cohabited for nearly eleven years – where a trustee for sale of the former matrimonial home has been previously appointed – where the parties are to share equally in the nett sale proceeds obtained following the sale of the former matrimonial home – where otherwise, it is ordered that each party retain the property that is in each party’s possession


  • Chard & Yong [2019] FamCA 26

    25 Jan 2019

    FAMILY LAW – CHILDREN – Parenting – best interests of the child – parental responsibility – time spent with the Father – whether there should be supervised or unsupervised time – allegations of family violence raised by both parties.

  • Campbell & Morgan [2019] FamCA 19

    23 Jan 2019

    FAMILY LAW – CHILDREN – RESIDENCE – where there are competing applications for one child – where the child is ordered to live with the mother – where the child has lived with the mother since separation – where the father spent supervised time with the child during proceedings – where the father progressed to spending unsupervised time with the child – where the parties are in dispute around how much time the child will spend with the father – where the child struggles with the hostility between the parents that he has been heavily exposed to – where the child is articulate and mature – where the orders provide for the child to spend significant and substantial time with the father - where the orders allow the child to continue to develop a strong relationship with the father whilst easing his anxiety caused from being away from his primary caregiver and main attachment figure.

    FAMILY LAW – CHILDREN – PRACTICE AND PROCEDURE – where proceedings were commenced in the Federal Circuit Court of Australia – where proceedings were transferred due to the child’s mental health and behaviour.

    FAMILY LAW – CHILDREN – PARENTAL RESPONSIBILITY – where the presumption of equal shared parental responsibility applies – where the mother in the past has exercised parental responsibility without consulting the father – where if the mother was given sole parental responsibility there is a risk she will entirely exclude the father from decisions regarding the child - where both of the parents are committed to the safety and wellbeing of the child – where both parents have the capacity to meet the child’s needs – where the parties are restrained from departing from school enrolments or making decisions regarding medical and therapeutic treatment without written consent of the other parent.


  • Bradbury & Lander and Ors [2019] FamCA 21

    24 Jan 2019

    FAMILY LAW – CHILDREN – interim orders - sole parental responsibility – child to live with the father – child to spend time with the mother – handovers – child’s schooling

  • Bradbury & Lander [2019] FamCA 22

    24 Jan 2019

    FAMILY LAW – ORDERS – Alleged Contravention of Parenting Orders – Where contravention application made under Division 13A – meaning of “intentionally” in relation to a contravention – sufficient that conduct contravening the Order is engaged in intentionally – not necessary that a person knows that the conduct constitutes a contravention – distinction between finding a contravention and finding a reasonable excuse for a contravention – reasonable excuse for a contravention – failure to understand obligations – whether the Respondent should be excused for the contravention.

    FAMILY LAW – CHILDREN – Non-Denigration Orders – Where orders made restraining a party from “insulting or denigrating the other parent” – meaning of “denigrate” considered by the Court.


  • Wu & Tsiang [2018] FamCA 1085

    18 Dec 2018

    FAMILY LAW – REVIEW OF SENIOR REGISTRAR DECISION – Parenting arrangements - Where the child lives with the father – Where the mother lives primarily in China – Where the mother sought that the child spend all short holidays with her – Where the father and ICL sought that short holidays be alternated – Order for the child to spend alternate short holidays with the mother – Where the mother sought extended time during her weekends with the child – Order for the child to return to the father on Sunday evening.

  • Tsay & Lou [2019] FamCA 8

    15 Jan 2019

    FAMILY LAW – INTERIM PROPERTY – Where the wife is trustee for the sale of the former matrimonial home – Where the husband has remained in occupancy of the property – Where the husband seeks financial support from the wife to vacate the property – Where the husband is not financially constrained from vacating the former matrimonial home – Where the Court had made previous orders for the husband to vacate the property and he had not done so – Order for a warrant issue for the possession of the property - Order for any costs incurred by the wife as trustee for the sale of the former matrimonial home to be paid from the proceeds of sale.

    FAMILY LAW – SPOUSAL MAINTENANCE – Where lump sum spousal maintenance had been stayed pending an appeal – Where that appeal was withdrawn – Where the lump sum payment has been made in full – Where the husband deposed that he was not in receipt of any income – Where there is no evidence that either party’s financial position has been relevantly altered – Application dismissed.

    FAMILY LAW – COSTS – Where the proceedings were necessitated by the husband’s refusal to comply with orders of the Court that he vacate the former matrimonial home – Where the husband has been wholly unsuccessful in relation to the orders sought – Where the wife has no access to funds other than the spousal maintenance order which remains – Where the husband is in receipt of income – Order for the husband to pay the wife’s costs of these proceedings.


  • Taro & Sanders [2018] FamCA 1103

    07 Dec 2018

    FAMILY LAW – CHILDREN – INTERIM – assessment of risk – whether the mother presents as an unacceptable risk of harm to the child – orders made in the best interests of the child for the child to live with the father

  • Shill & Covel [2018] FamCA 1127

    27 Dec 2018

    FAMILY LAW – CONTRAVENTION – Where the father alleges that the mother has contravened court orders on six occasions – Where service of the documents is conceded – Where knowledge of the orders is conceded – Where the conduct in each allegation is conceded – Where the mother withheld the child on two occasions without reasonable excuse – Where the proceedings are adjourned to a date to be settled to make consequential orders.

  • Rogers & Rogers [2018] FamCA 1092

    19 Dec 2018

    FAMILY LAW – PROPERTY – INTERIM PROCEEDINGS – Where the wife sought orders for interim spousal maintenance, interim property settlement and sole occupation of the former matrimonial home – Orders made to redraw $200,000 on the mortgage – Where the wife will receive $150,000 and the husband $50,000 –  Where this payment is characterised as partial property settlement - where the husband has access to ongoing income stream while the wife has no similar source of funds – Where the wife can adequately support herself with interim property settlement - Where the husband has already taken voluntary steps to vacate the former matrimonial home -

  • Ridley & Baynton [2018] FamCA 1120

    21 Dec 2018

    FAMILY LAW – CHILDREN – Best interests of the children – Undefended hearing – Where the father has filed a Notice of Discontinuance in the proceedings – Where the mother seeks orders for sole parental responsibility and that the children live with her – Where it is in the best interests of the children to live with the mother – Where no order is made for the children to spend time with the father – Where there are allegations that the father sexually abused the child.

  • Quinn & Walt [2019] FamCA 15

    21 Jan 2019

    FAMILY LAW – COSTS – Application for costs sought by the Applicant against the Respondent where the Respondent has been wholly unsuccessful in her Application for property adjustment – where the Court is satisfied circumstances exist to justify an order for costs – order made for the Respondent to contribute to the costs of the Applicant

  • Orff & Lever [2018] FamCA 1068

    14 Dec 2018

    FAMILY LAW – CHILDREN – Interim parenting – Where there is a history of family violence between the parents – Where there is a high level of parental conflict – Where the father has only recently begun engaging with the children – Where the mother has been the primary carer of the children since birth – Where there is some risk in both households – Consideration of the children’s best interests – Where it is appropriate that the children live with the mother on an interim basis – Where an order is made for the mother to have sole parental responsibility of the children

  • Niem & Tong [2018] FamCA 1072

    14 Dec 2018

    FAMILY LAW – INTERIM PARENTING – Where significant change in children’s circumstances following fire in father’s home – Consideration of applicable principles – Orders made in best interests of the subject children

  • Milburn & Alderson [2018] FamCA 1071

    13 Dec 2018

    FAMILY LAW – Interim Parenting – Where the parents are both on temporary visas in Australia – Where the father is a perpetrator of family violence – Where the child’s name be removed from the Airport Watch List – Where it is in the best interests of the child to relocate with the mother to Country C

  • Mifsud & Mifsud [2018] FamCA 1116

    21 Dec 2018

    FAMILY LAW – PROPERTY – Application for interim property distribution – Where the wife seeks an order that the husband transfer real estate to her – Where the husband seeks final property orders for that real estate to ultimately be transferred to the wife – Where the Court is unable to determine that it is in the interests of justice for a partial interim property distribution to be ordered – Application dismissed.

  • Mawson & Harkness [2018] FamCA 1082

    19 Nov 2018

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the wife seeks orders for disclosure – Where the husband asserts documents have been provided – Where the husband can provide details of when the documents were provided in answer to a further order for disclosure – Where orders are made for documents to be provided.

    FAMILY LAW – PROPERTY – Interim Orders – Where the husband seeks that a property be transferred to him on an interim basis – Where the Court is to exercise its power under s 79 of the Family Law Act 1975 (Cth) conservatively – Where if the property is transferred and encumbered the Court is not satisfied that this can be undone – Where no order is made transferring the property.


  • Kubic & Waddington [2018] FamCA 1091

    27 Feb 2018

    FAMILY LAW – CHILDREN – interim orders – where the mother seeks a review of the Senior Registrar’s decision – where the application is opposed by the father and Independent Children’s Lawyer – hearing de novo – where the mother seeks the child spend supervised time with the father until 1 April 2018 – where the mother alleges the father is a risk to the child – where the mother does not seek that the child spend any overnight time with the father – where the father seeks that the orders of the Senior Registrar remain in full force – order made that the father spend time with the child pursuant to final orders made 20 July 2016 for eight hours each week with changeover facilitated by a contact centre – order made that from 24 March 2018 the child commence spending overnight time with the father.

  • Kepler & Moro [2018] FamCA 1122

    21 Dec 2018

    FAMILY LAW – CHILD SUPPORT – where the wife seeks a departure from administrative assessment of child support and that the husband pay the children’s educational expenses including tuition fees and arrears and private health insurance by way of non-periodic child support payments – where the children’s educational expenses are significant – where the parties agree that the children should attend private school - where the wife has primary care of the children – order made that the husband pay $3033 per week by way of periodic child support payments – order made that the husband pay the children’s private school fees including any arrears and private health insurance by way of non-periodic payments.

    FAMILY LAW – SPOUSAL MAINTENANCE – application for interim spousal maintenance – where the wife seeks that the husband pay $500 per week in spousal maintenance – where the wife does not have sufficient income to support herself and the children – where it was found that the husband has no capacity to meet the order in addition to child support payments – no order made for spousal maintenance.


  • Hughes & Hughes [2018] FamCA 1079

    18 Dec 2018

    FAMILY LAW – CHILD SUPPORT AGREEMENT – application to set aside – self-represented litigants – basis of the application appears to be that he no longer has the funds to pay, but the evidence does not support a conclusion that would satisfy the requirements of s 136 of the Child Support (Assessment) Act 1989 (Cth) – application must fail.

    FAMILY LAW – CHILD SUPPORT DEPARTURE – where the father seeks to depart from administrative assessments which he says are not a true reflection of his income by virtue of the fact that he has dividends provided to him to discharge Division 7A tax distributions – where there is a decision of the Administrative Appeals Tribunal relating to a discrete period which was also before the Court but around which there was no review application and the father relied upon the decision as some form of evidence – where the Court was not satisfied that the evidence was comprehensive to show financial resources and property which was mentioned in the AAT judgment and as such, the Court did not have sufficient evidence to enable it to make a finding that it was just and equitable to depart from the administrative assessment and that there were otherwise no special circumstances – application must fail.


  • Hanlor & Hanlor [2018] FamCA 1069

    14 Dec 2018

    FAMILY LAW – CHILDREN – where the father seeks substantial and significant time – where the mother seeks no increase in time unless recommended by psychologist ‑ where the Court finds the greatest risk to the child arises from the parental conflict created and contributed to by both parents – orders made in the best interests of the child for the child to spend substantial and significant time with the father

  • Fulton & Packer [2018] FamCA 1124

    07 Dec 2018

    FAMILY LAW – ORDERS – Contravention – where the Applicant seeks to prosecute a number of alleged contraventions – where a number of those contraventions have been the subject of summary dismissal – where a number of counts of alleged contraventions remain – Respondent found to have contravened orders without reasonable excuse – fine imposed

    FAMILY LAW – APPLICATION TO VARY PARENTING ORDERS – competing applications – father seeks to vary orders such that the child lives with him or members of the maternal extended family – mother seeks to vary orders by having all orders other than that the child live with her discharged 


  • Fletcher & Littlemore [2018] FamCA 1126

    20 Dec 2018

    FAMILY LAW – CHILDREN – assessment of risk – where the Court finds there is no unacceptable risk of sexual harm to the child in the father’s care

  • Field & Kingston [2019] FamCA 14

    21 Jan 2019

    FAMILY LAW – PROPERTY – Interim Hearing – Where the wife seeks orders that a joint letter of instruction be sent for the valuation of assets – where the wife seeks an order for cross-examination of a witness prior to the final hearing due to the witness’s ill health – where the husband seeks leave to provide financial documents to Centrelink and the Australian Taxation Office – where orders are made as sought by the wife – where valuations of the assets are ordered to prepare the matter for final hearing.

  • Dewell & Harris and Anor [2019] FamCA 10

    18 Jan 2019

    FAMILY LAW – SLIP RULE APPLICATION – Where substantial time has passed since judgment – Where the error was apparent on the reasons given – Where it was clearly the intention of the Court that certain assets not be included in the property division – Order for the balance sheet to be adjusted and amount payable to the parties adjusted accordingly.

    FAMILY LAW – COSTS – Where the wife seeks an order for costs against the husband – Where the husband had both failed to make full and frank disclosure and actively lied to the Court during the proceedings – Where the actions of the husband caused the wife to incur additional costs – Where an order for costs is necessary to compensate the wife for the costs incurred to remedy, in evidentiary terms, the husband’s failure to disclose – Where the facts in the proceedings do not justify indemnity costs – Order for costs to be paid by the husband of $100 000 – Where the wife seeks an order for reimbursement of the costs of the single experts in the proceedings – Where nothing in the conduct of the husband detracted from the need to have single experts – Application dismissed – Where the respondent’s father seeks costs from the wife calculated on an indemnity basis –Where husband and father acted together in dealings of the husband to conceal evidence – Where the father submits the wife was unsuccessful in her applications pertaining to the father – Where a costs order in favour of the father is inappropriate – Application dismissed.


  • Crichton & Crichton [2018] FamCA 1075

    17 Dec 2018

    FAMILY LAW – SPOUSAL MAINTENANCE – where the wife seeks an order for spousal maintenance – where the wife is unable to work full time – where the wife is a carer for a child – where the husband disputes the child’s need for care - where the husband and wife agreed the wife should cease work full time when the parties were living together to care for the child – where the wife is unable to support herself – Order made for spousal maintenance

    FAMILY LAW – CHILD SUPPORT – where the wife seeks existing child support orders be varied – where there was no service upon the Child Support Registrar – where the failure of service prevents the application being heard in this Court - Order for the matter to be stood over until the matter is listed for final hearing.


  • Ciu & Vuong [2018] FamCA 1125

    21 Dec 2018

    FAMILY LAW – INTERIM PARENTING – Where the parents agree to equal shared parental responsibility – where neither party sought an equal time arrangement – where the Family Consultant recommended the children spend alternate weekends with the father – where such recommendations were found to be in the best interests of the children

    FAMILY LAW – SPOUSAL MAINTENANCE – Where the wife seeks spousal maintenance – where the children live with the wife – where the husband recently reduced his work hours – where the husband’s expenses fall outside the reasonable range – where the husband has the capacity to provide spouse maintenance to the wife – Orders made for spousal maintenance.


  • Burnet & Lysett [2018] FamCA 1104

    12 Dec 2018

    FAMILY LAW – CHILDREN – RELOCATION – Undefended Hearing – Where the mother seeks to relocate with the child to the United Kingdom – Where the father has not engaged in the proceedings – Where the mother’s parenting capacity would likely improve due to family and financial support if relocation was permitted – Where the mother has facilitated a relationship between the child and father to date – Where the mother is permitted to relocate to the United Kingdom with the child – Where the child is to spend time and communicate with the father as may be agreed with the mother from time to time – Where the parties are to exercise equal shared parental responsibility

  • Buckley & Charmers (No 2) [2018] FamCA 1106

    20 Dec 2018

    FAMILY LAW – CHILDREN – INTERIM HEARING – Where the parties sought interim parenting orders following the adjournment of the trial – Where the parties are in disagreement as to the extent of time which the father should spend with the children pending the resumption of the trial – Where the Court cannot be satisfied on an interim basis that the father poses any real risk of harm to the children – Children’s best interests – Where orders are made for the children to spend time with the father at times during the Christmas school holidays, school terms and school holidays

  • Bradbury & Lander and Ors [2019] FamCA 1129

    21 Dec 2018

    FAMILY LAW – CHILDREN – PARENTING – Time with maternal grandparents

  • Berger & Tallis [2018] FamCA 1112

    21 Dec 2018

    FAMILY LAW – PROPERTY – Interim spousal maintenance application – Where the de facto husband seeks orders that the de facto wife pay him periodic spousal maintenance – Where the husband asserts that he is unable to support himself by reason of mental incapacity for appropriate gainful employment – Where the Court finds that the evidence is not of sufficient weight to support that proposition – Application dismissed.

  • Becker & Vale [2018] FamCA 1074

    09 Nov 2018

    FAMILY LAW – PROPERTY – INTERIM – interlocutory application for monies to be preserved in trust account and husband to be removed as director from company and wife appointed in his stead – orders made for monies to be paid to trust account - no order made for husband to be removed as director – substantive proceedings to be set down for final hearing

  • Austin & Benning [2018] FamCA 1111

    21 Dec 2018

    FAMILY LAW – CHILDREN – where the mother seeks to change the children’s surname to represent a hyphenated surname of the mother and father’s surnames – undefended hearing – where the father has filed no material in response to the mother’s application – order made to change the children’s surname – injunction made restraining the parties from using any other surname of the children.

    FAMILY LAW – STAY – where the father sought a stay of any order made changing the children’s surname – application dismissed.

    FAMILY LAW – COSTS – costs order made against the father fixed in the amount of $5,000


  • Allan & Peters [2018] FamCA 1063

    07 Dec 2018

    FAMILY LAW – CHILDREN – REGISTRATION OF OVERSEAS CHILD ORDER – Where the applicants seeks to register in Australia an order made by a Court in the United States of America– Where one of the applicants is the biological father of the child  – Where the order is found to be an ‘overseas child order’ for the purpose of  s  70G of the Family Law Act 1975 (Cth) –  Where the Court finds that an enforceability certificate has not been produced for the purpose of reg 23(1) of the Family Law Regulations 1984 (Cth) – Where the Court is not satisfied that the agreement is not a commercial surrogacy agreement – Where commercial surrogacy is prohibited in Queensland and Victoria – Where the application to register the overseas child order is dismissed.

  • Adel & Banes [2019] FamCA 7

    03 Jan 2019

    FAMILY LAW – INTERNATIONAL CHILD ABDUCTION - international parenting dispute  - where the submission by the left behind parent in the United States of America submits that this court does not have jurisdiction to make parenting orders  is not accepted

    FAMILY LAW – JURISDICTION – distinction between the jurisdiction and the court’s power to make orders

    FAMILY LAW – JURISDICTION – impact on court’s power to make parenting orders inconsistently with a registered overseas child order

    FAMILY LAW – JURISDICTION – impact of 1996 Child Protection Convention on court’s power to make parenting orders

    FAMILY LAW – JURISDICTION – impact of pending Hague return application on court’s power to make parenting orders

    FAMILY LAW – INTERNATIONAL CHILD ABDUCTION – habitual residence

    FAMILY LAW – PRACTICE & PROCEDURE – preparation of expert social science report – preliminary Hague assessment – direct judicial communication


  • Tsiang & Wu and Ors [2018] FamCA 1057

    11 Dec 2018

    FAMILY LAW – PROPERTY – Where the husband seeks injunctive orders against the wife in relation to property taken by her in Consent Orders – Where the husband fails to establish an evidentiary basis for those injunctive orders – where the husband seeks injunctive orders against the second and third Respondents – where no evidence has been adduced in support of this application – where service has not been effected upon the third Respondent – Substituted Service of the third Respondent ordered.

  • Traynor & Lerner (No. 2) [2018] FamCA 1016

    05 Dec 2018

    FAMILY LAW – CHILDREN – where the Court hears a third final hearing in five years – where the basis of the mother’s application to discharge existing orders and allow only supervised time is the father’s risk-taking behaviour with nine year old daughter – where father does not file evidence in compliance with trial directions – where mother seeks to proceed “undefended” – where the Court permits cross-examination by father – where the Court finds the child is at risk – consideration of Court resources – final orders made for supervised time.

  • Sellers & Burns (No. 2) [2018] FamCA 1093

    10 Dec 2018

    FAMILY LAW – CHILDREN – Interim parenting – Where the father is seeking orders in relation to school holiday time – where the father is seeking that the mother be restrained from leaving the children in the unsupervised care of the maternal aunt – where there are allegations of violence against the maternal aunt – where the children live with the mother and the maternal aunt – where the mother is the primary carer.

  • Sasmita & Sasmita [2018] FamCA 1102

    04 Dec 2018

    FAMILY LAW – PROPERTY – ex-parte hearing – where the wife is aware of a number of transaction by the husband in relation to the parties’ assets – where the wife alleges the husband is removing assets out of Australia – where the wife alleges the loan secured over a property in Queensland has increased by approximately $510,000 – interim injunction made against the husband restraining him from drawing down upon or increasing the borrowings or loan amounts secured against a property in Queensland or from further encumbering the said property – the wife provided an undertaking as to damages – proceedings adjourned to allow the husband to file responding material.

  • Peake & Cousins (No. 2) [2018] FamCA 1056

    12 Dec 2018

    FAMILY LAW – CHILDREN – Contravention – where both parties, as litigants representing themselves, bring allegations of breaches of orders – where the Applicant alleges breached that relate to incidents from some years before – abuse of process – where respondent is denied electronic communication without reasonable excuse as applicant leaves the children responsible for effecting the communication – breaches proved.

    FAMILY LAW – JUDGMENTS – Stay – where Judge recuses herself after making orders and transfers application for stay pending appeal to Case Management Judge – where there is no basis to grant the stay.


  • Myer & Givan [2018] FamCA 1080

    15 Oct 2018

    FAMILY LAW – CHILDREN – consent orders

  • Monroe & Purdue (No. 2) [2018] FamCA 1105

    07 Jun 2018

    FAMILY LAW – PARENTING – Single expert report – Application for release of single expert report to the mother’s treating psychiatrist, psychologist and general practitioner – Where such an order would only be made in exceptional circumstances – Where it is not appropriate to make such an order – Application dismissed.

  • Mitford & Mitford and Ors [2018] FamCA 1067

    14 Dec 2018

    FAMILY LAW – PROPERTY – Interim – Discovery and production of documents – Trusts – Orders for production of documents listed in husband’s List of Documents

    FAMILY LAW – PROPERTY – Interim – Whether the wife has a right of occupation at the matrimonial home pending final property settlement – Where the wife seeks to retain the matrimonial home as part of any settlement – Where the husband and the Trust are concerned about interference with ongoing farming operations and the presence of house guests during the wife’s absences from the property


  • Mahlee & Mallee [2018] FamCA 1065

    11 Dec 2018

    FAMILY LAW – PARENTING – INTERIM – where there are current orders for the teenage child to live with the father and the father to have sole parental responsibility – where the child is currently receiving intensive hospital care – where the mother seeks the child live with her upon the child’s discharge from hospital – orders made in the best interests of the child for supervised time with the mother in hospital pending release from hospital

  • Madigan & Madigan and Ors 2018] FamCA 1062

    13 Dec 2018

    FAMILY LAW – CHILDREN – Interim – With whom a child spends time – Whether time between the children and the father should be supervised – Where the paternal grandmother is willing to act as a supervisor – Where there are allegations of risk to the children in the father’s care – Where the mother seeks to suspend the father’s time with the children – Best interests of the children – Where a suspension of time would disrupt the relationship between the children and the father 

  • Lucas & Simmonds [2018] FamCA 1036

    07 Dec 2018

    FAMILY LAW – CHILDREN – INTERNATIONAL RELOCATION – where the parents agree to have equal shared parental responsibility for the children – where the applicant mother seeks that the children, aged 8 and 6 continue to live with her in Brisbane – where the respondent father seeks that the children relocate to the United Kingdom – where an assessment of the mother’s mental health indicates a risk of recurrence of major depression with either relocation or losing primary care of the children – orders made for the children to continue to live with the mother in Brisbane 

    FAMILY LAW – PROPERTY SETTLEMENT – Just and equitable – where the parties were in a relationship of about seven years – where the parties jointly own a property in the UK – where the parties agreed that, save for the London property, each retain all other property each owns - where it is just and equitable that the parties share equally in the nett equity in the UK property – where otherwise, it is ordered that each party retain the property that is in each party’s possession


  • Lines & Lines [2018] FamCA 1115

    21 Dec 2018

    FAMILY LAW – CHILDREN – PARENTING – Interim Orders – Where a child has expressed clear views – Where certain orders are made by consent – where changeover arrangements are disputed – where evidence is limited – where orders are made on the basis of the evidence presented

  • Lines & Lines (No. 2) [2018] FamCA 1118

    19 Dec 2018

    FAMILY LAW – PARENTING – Where views of a mature child are relevant – where a child is interviewed by a Family Consultant on the morning of the proceedings  – Where a Family Consultant provides the Court with evidence as to a child’s views  – where certain orders made by consent – where other orders made without consent  – where balance of judgment reserved

  • Lagioia & Rapino [2018] FamCA 1110

    18 Dec 2018

    FAMILY LAW – ADJOURNMENT

  • Josipovic & Josipovic [2018] FamCA 1090

    07 Aug 2018

    FAMILY LAW – PRACTICE AND PROCEDURE – application for expedited hearing – application dismissed.

  • Jewers & Marchand [2018] FamCA 1081

    14 Dec 2018

    FAMILY LAW – PRACTICE AND PROCEDURE – Dispense with service

  • Herbert & Herbert [2019] FamCA 5

    10 Jan 2019

    FAMILY LAW – CHILDREN – Where the father sought an urgent hearing for his application for a recovery order to issue – Where a recovery order issued but is not to be executed until after 4.30 pm if the child is not voluntarily returned to the father’s care.

  • Hand & Bodilly [2019] FamCA 1

    08 Jan 2019

    FAMILY LAW – COSTS - Application for discharge of a dollar for dollar litigation funding order made in 2017 where the substantive application relates to an application to discharge a long-standing and substantial spousal maintenance order. Where the evidence does not support a finding that the order is no longer just.

  • Field & Story [2018] FamCA 1066

    14 Dec 2018

    FAMILY LAW – CHILDREN – dispute as to residence – whether mother’s mental health creates an unacceptable risk – orders for child to live with father and spend substantial and significant time with the mother

  • Deniz and Anor & Yilmaz and Anor [2018] FamCA 1058

    07 Dec 2018

    FAMILY LAW – CHILDREN – With whom a child spends time – Where the paternal grandparents seek to spend time with their grandchildren – Where the mother is opposed to the children spending any time or communicating in any way with the paternal grandparents – Where the father and mother were previously involved in court proceedings which involved a five day trial – Where the children have not spent time with their grandparents for about six years but historically had a very close and loving relationship with them – Where the Court adopts the findings in an earlier decision of this Court, pursuant to s 69ZX(3)(b) of the Family Law Act 1975 (Cth), which found that neither paternal grandparent posed an unacceptable risk of harm to the children – Where the Court makes an order for the children to spend time with the paternal grandparents.

  • Darrow & Malden and Ors [2018] FamCA 1060

    13 Dec 2018

    FAMILY LAW – COSTS – JURISDICTION - Where the substantive proceedings were dismissed for want of jurisdiction - Where s117 of the Family Law Act 1975 (Cth) does not apply as these are not ‘proceedings under the act’ – whether the Family Court of Australia has an implied power to order solicitors to pay costs – where the solicitors must have engaged in conduct that was more than ‘mere negligence’ and would amount to a ‘serious dereliction of duty’ – where the actions of the applicant and respondent’s solicitors were found to be inexcusable – Where the proceedings should never have been brought in the Family Court of Australia – Where previous orders are in place for the applicant to pay the costs of the second, third and fourth respondents on an indemnity basis and to indemnify the first respondent up until the date the issue of jurisdiction was raised – Orders made for the applicant’s solicitors to indemnify the applicant for any costs incurred in the proceedings – Orders made to restrain the first respondent’s solicitors in relation to any work for the proceedings. 

  • Cunningham & Cunningham [2019] FamCA 6

    11 Jan 2019

    FAMILY LAW – COSTS – Where final parenting and property orders made in 2018 – Where mother seeks costs against father – Where father ordered to pay a contribution towards the mother’s costs in the sum of $93,917.34.

  • Cotter & Cotter [2018] FamCA 1078

    18 Dec 2018

    FAMILY LAW – ENFORCEMENT – where the husband and wife consented to orders for the payment of a lump-sum for partial property settlement and the husband was unable to meet the payment because of a change of financing arrangements – where the wife sought enforcement by the sale of a property – where the Court permitted payments by instalments to give effect to the same timeframe for the payment of those sums as would occur if the property was sold – where the proceedings otherwise adjourned for further hearing.

  • Burnett & Charmers [2018] FamCA 1099

    10 Dec 2018

    FAMILY LAW – PRACTICE AND PROCEDURE – Application for adjournment of trial – Where the family report writer expressed concerns about the lack of psychiatric evidence of the parties – Where the family report writer could not assist the Court without a psychiatric assessment of the parties – Where a psychiatric assessment is likely to inform questions of risk – Where delay of the trial is outweighed by the benefit of a psychiatric assessment in determining the children’s best interests

  • Bronwell & Bronwell [2018] FamCA 1041

    07 Dec 2018

    FAMILY LAW – CHILDREN – Where there is one child aged 12 years – Where the child is currently living with the father and spending supervised time with the mother – Where the mother seeks that the child live with her and that she spend five nights per fortnight with the father – Where the father seeks that the child live with him and that she spend gradually increasing time with the mother, initially supervised – Where the mother has inappropriately retained the child twice in the past – Where there is high parental conflict – Where the father alleges that the child has been sexually abused in the mother’s care due to his observation of a number of the child’s behaviours – Where the court expert described the father as pathologising some of the child’s behaviours – Where an order is made for the mother to spend gradually increasing time with the child, without supervision.

    FAMILY LAW – PARENTAL RESPONSIBILITY – Where the mother seeks that the parents have equal shared parental responsibility for the child and the father seeks that he have sole parental responsibility in respect of health and education – Where the presumption of equal shared parental responsibility applies – Where there is high parental conflict – Where the presumption of equal shared parental responsibility is rebutted – Where it is in the child’s best interest for her father to have sole parental responsibility. 


  • Bricknell & Saw [2018] FamCA 1020

    20 Jun 2018

    FAMILY LAW – CHILDREN – INTERIM – Where there are allegations of family violence – Where the father alleges the mother has been diagnosed with a mental illness – Where the parties have shared the care of the child since birth – Where the father seeks a shared care arrangement – Where the mother seeks that the child not spend overnight time with the father – Where the father has been spending unsupervised time with the child – Where it is in the best interests of the child to reinstate overnight time with the father.

  • Bloxham & Bloxham [2018] FamCA 1070

    13 Dec 2018

    FAMILY LAW – INTERIM PROPERTY – Where funds released to the husband as a consequence of his precipitate conduct – Where consideration of the parties’ relationship and contributions to the present property pool as known – Where consideration of relevant s 75(2) factors – Where husband contends that property pool significant with further capital payments to come – Where husband received about 20 per cent of pool as asserted by him – Where same sum sought by wife substantially to be held in real estate for accommodation of herself and the children – Where appropriate and in the interests of justice that order be made substantially as sought by the wife

  • Awattama & Trustee in Bankruptcy [2018] FamCA 1073

    17 Dec 2018

    FAMILY LAW – PROPERTY – Where a trustee in bankruptcy seeks an application to set aside property orders under s 79A of the Family Law Act 1975 (Cth) – Where the wife seeks security for costs of the application – Where the interest of the Trustee, and public in protecting the interests of creditors outweigh the risk to the wife of recovering costs should the Trustee be wholly unsuccessful – Where an order for security for costs may stifle litigation - Application for security for costs dismissed.

  • Appleby & Appleby (No. 3) [2018] FamCA 1117

    19 Dec 2018

    FAMILY LAW – CHILDREN – PARENTING - whom a child lives with