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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.

  • Papp & Myers (No. 2) [2019] FamCA 825

    24 Oct 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the mother sought an adjournment application for a final hearing – where the mother had a grant of legal aid – grant termination – where the mother has altered legal representation on a number of occasions – where the final hearing was less than one month away – where there was an expert report which would go stale if the Application was granted – Application dismissed.

  • Brebner & Shardlow [2019] FamCA 800

    31 Oct 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Review of a registrar’s decision – Subpoenas – Where the registrar rejected two subpoenas for filing on the basis that they appeared to be an abuse of process, frivolous, scandalous or vexatious – Consideration of whether the production of documents serves a legitimate forensic purpose and whether “it is on the cards” that the documents sought would have relevance to the issues in the case – Where the Court is satisfied that a subpoena proposed to be addressed to the wife’s solicitor would serve no legitimate forensic purpose and would amount to a “fishing expedition” – Where it is on the cards that a document produced in response to a proposed subpoena addressed to the husband’s father could have some relevance to issues in the case – Application for review granted in part.

  • Garthe & Bankes [2019] FamCA 783

    29 Oct 2019

    FAMILY LAW – COSTS – no basis for departing from provisions set out in s 117(1) of the Family Law Act

  • Deniz & Yilmaz [2019] FamCA 817

    15 Oct 2019

    FAMILY LAW – CONTRAVENTION – Where previous orders provide for the paternal grandparents to engage in family therapy for the purposes of restoring their relationship with their grandchildren and for reintroducing spending regular time with them – Where the orders provide that the mother is restrained from preventing or hindering the children for attending all appointments – Where orders further provide for a regime of time the children are to spend with the paternal grandparents commencing three months from the date of orders – Where the paternal grandparents allege that the mother has not done anything to comply with the orders – Where mother did not attend the hearing – Where matter heard undefended – Three of the five contraventions proved.

  • Dalston & Ninh [2019] FamCA 743

    04 Oct 2019

    FAMILY LAW – CHILDREN – Interim arrangements

  • Astin & Astin [2019] FamCA 648

    12 Sep 2019

    FAMILY LAW – CHILDREN – Interim Parenting – Allegations of family violence, alcohol misuse, drug use and mental health concerns – Best interests of the children – Where the father seeks interim orders to spend time with the children – Where the mother contends that the risks of harm posed by the father are so great that the children should spend no time with him – Where the ICL proposes orders to mitigate harm posed by father through supervision of the children’s time with him at a contact centre – Orders made as proposed by the ICL.

  • Papp & Myers [2019] FamCA 557

    16 Aug 2019

    FAMILY LAW – CHILDREN – Review of Registrar’s decision – interim orders sought by father for overnight time pending final hearing – Best interests – where the mother and the father were in a casual relationship –where the father seeks to have a meaningful relationship with the child – where the mother relocated to Town B – where the father seeks interim orders for overnight time – overnight time ordered.

  • Truang & Ping [2019] FamCA 778

    13 Aug 2019

    FAMILY LAW – ENFORCEMENT OF ORDERS – Undefended hearing – Where orders made for the sale of 4WD vehicle with the proceeds of sale to be held in escrow by the husband’s solicitor pending judgment as to costs – Where judgment delivered and order for the wife’s costs to be paid within one month from the date of judgment – Where husband lives overseas – Where wife filed application for variation and/or enforcement of orders – Where wife has possession of the car – Where order made for substituted service on the husband – Where husband failed to attend before registrar – Where matter listed for undefended hearing – Where oral application made as to enforcement of orders – Where order made that the wife be appointed trustee for sale of the 4WD vehicle – Where proceeds to be distributed as to payment of wife’s costs and payment of excess to the husband

  • Pilkvist & Coburn (Deceased) (No. 2) [2019] FamCA 803

    31 Oct 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Referral of papers to the Legal Services Commission.

  • Watkins & Dermott [2019] FamCA 839

    17 Oct 2019

    FAMILY LAW – PARENTING – where the Father has been spending supervised time with the children since 2012 – where the Father seeks orders for unsupervised time – where contact with the Father is triggering for the Mother

  • Wenlack & Cimorelli (No. 3) [2019] FamCA 791

    16 Oct 2019

    FAMILY LAW – CHILDREN – Where the father proposes in the interim that it is in the best interests of the children for them to be educated through the distance education program – Where evidence adduced that the school principal has expressed concern about the children returning to their current school – Where orders made that the father arrange for the children to be immediately enrolled in a distance education scheme until the interim hearing.

  • Wenlack & Cimorelli (No. 2) [2019] FamCA 790

    14 Oct 2019

    FAMILY LAW – PROPERTY – final property orders – where the wife seeks to retain the former matrimonial home – division of matrimonial property – assessment of contributions – overseas pension plans and overseas funds - treatment of add backs – superannuation – Capital Gains Tax – section 75(2) and 79 factors – assessment of what is just and equitable.

    FAMILY LAW – PARENTING – final parenting orders – best interests of the children.

  • Gresham & Gresham (No. 2) [2019] FamCA 707

    11 Oct 2019

    FAMILY LAW – PROPERTY – final property orders – where the wife seeks to retain the former matrimonial home – division of matrimonial property – assessment of contributions – overseas pension plans and overseas funds - treatment of add backs – superannuation – Capital Gains Tax – section 75(2) and 79 factors – assessment of what is just and equitable.

    FAMILY LAW – PARENTING – final parenting orders – best interests of the children.

  • Imbardelli & Imbardelli and Ors [2019] FamCA 733

    08 Oct 2019

    FAMILY LAW – PROPERTY SETTLEMENT – consent orders – where the wife filed an application in a case seeking the enforcement of consent orders – where the parties recently entered into interim consent orders in relation to the property proceedings – where the husband failed to pay monies owing to the wife in accordance with those consent orders – where orders are made to enable the sale of real property owned by the parties in order to facilitate the interim distribution of funds – where orders are made for the removal of caveats and the joinder of interested parties.

    FAMILY LAW – PRACTICE AND PROCEDURE – joinder – where the second, third, fourth and fifth respondents have caveats over the real property – where the husband has monies owing to his brother and family – where the paternal family have lodged caveats over the real property – where the caveats are to be removed – where the respondents are to file an application in the proceeding seeking repayment of monies owing to them from the proceeds of sale.

    FAMILY LAW – COSTS – indemnity costs – where the husband is ordered to pay the costs of the wife on an indemnity basis.

  • Wenlack & Cimorelli [2019] FamCA 755

    04 Oct 2019

    FAMILY LAW – CHILDREN – Interim Parenting – Recovery Order – Where the mother did not comply with orders to present the children to Child Dispute Services – Where the mother did not comply with orders made by consent to facilitate children attending upon an expert for preparation of an expert report – Orders made pending further order for the father to have sole parental responsibility and for the children to live with the father.

  • Rudd & Riddick (No. 2) [2019] FamCA 691

    04 Oct 2019

    FAMILY LAW – Parenting and Property applications – Injunctive relief – Sole use & occupation – Orders proper.

  • Bonnett & Bonnett [2019] FamCA 708

    04 Oct 2019

    FAMILY LAW – PROPERTY – An interim application made by the wife for sale of matrimonial property – Where the husband resides in such property and opposes sale –Where husband proposes retaining the relevant property on a final basis – Where sale would be punitive and result in a position unable to be rectified – Application dismissed.

    FAMILY LAW – CHILD SUPPORT – An application made by the husband for interim child support departure orders to be dismissed – Where there was no appeal – Where the husband was unemployed for a period and unable to meet payments – Where the husband regained employment and thus, a capacity to meet payments – Where contributions during the period of unemployment can be considered at trial – Where the husband has not made full financial disclosure – Application dismissed.

    FAMILY LAW – COSTS – Where both parties were unsuccessful in their applications – Where it is appropriate for the general principle to apply that each party bear their own costs – Applications for costs dismissed.

  • Baboor & Reema [2019] FamCA 698

    30 Sep 2019

    FAMILY LAW – CHILDREN – Interim parenting – Where the mother seeks orders to allow the child to travel overseas – Where the child currently spends no time with the father pursuant to interim orders – Where the degree of risk of the child not being returned to Australia is assessed – Where best interests of the child considered – Orders made permitting the proposed travel.

  • Warnett & Amerson [2019] FamCA 499

    27 Sep 2019

    FAMILY LAW – PARENTING – where the child has made disclosures of sexual abuse against a number of male relatives, including the father – where the father is presently spending supervised time with the child two hours per fortnight – where the mother seeks finding of unacceptable risk – where the mother proposes supervision continue until child is 18 years of age – where father proposes unsupervised time – where the Independent Children’s Lawyer proposes supervision until the child commences Year 8 in High School and child undertakes counselling with a therapist accredited by the Office of Children’s Guardian – where the child has very troubled presentation – where the mother seeks sole parental responsibility – where the father proposes equal shared parental responsibility – where the Independent Children’s Lawyer supports sole parental responsibility to the mother.

    FAMILY LAW – EVIDENCE – Onus of proof – balance of probabilities to establish unacceptable risk.

  • Swanson & Arlow [2019] FamCA 681

    26 Sep 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – oral application for adjournment of final hearing – application granted.

  • Gershon & Gershon [2019] FamCA 682

    23 Sep 2019

    FAMILY LAW – CHILDREN – INTERNATIONAL TRAVEL – Where the father makes an application to take the subject child overseas to Israel – Where the father lives in Israel with the parties’ eldest child – Where the mother opposes the application – Where the mother contends the father may not return the child – Where the mother has the primary care of the parties’ middle child, who has significant intellectual disabilities – Where the mother contends that she needs respite from this care – Where the mother would consent to the father taking both children to Israel – Where the middle child is not in a position to travel extensively – Where it is in the best interests to allow overseas travel for the subject child as proposed by the father – Orders made.

  • Yalpat & Yalpat (No. 3) [2019] FamCA 717

    20 Sep 2019

    FAMILY LAW - JURISDICTION

  • Murillo & Murillo [2019] FamCA 680

    20 Sep 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the wife seeks to add the husband’s new partner to proceedings – Where leave is not required for the new partner to be added as a second respondent – Where the wife seeks to alter orders for a partial property settlement – Where the wife alleges the husband has wrongfully provided significant matrimonial funds to his new partner – Where any findings will be made at final trial and adjustments made accordingly – Application dismissed – Proceedings referred to Docket Registrar for case management.

  • State Central Authority & Bacman and Anor [2019] FamCA 692

    19 Sep 2019

    FAMILY LAW – CHILD ABDUCTION – Oral application to vary return order under the 1980 Hague Convention to postpone return until registration of the return order – application refused.

  • Thrussell & Thrussell (No. 2) [2019] FamCA 669

    18 Sep 2019

    FAMILY LAW – COSTS – Where the Applicant seeks costs on an indemnity basis – where the Respondent was wholly unsuccessful in the proceedings – where there was an offer of settlement on the part of the Applicant – circumstances of an exceptional kind warrant the making of an order for costs.

  • Zaccardi & Zaccardi (No. 2) [2019] FamCA 674

    18 Sep 2019

    FAMILY LAW – CHILDREN – Interim Parenting – Where interim orders are already in place – Where the final hearing is part-heard – Where the child currently spends no time with the father – Application by the father to spend limited, supervised time with the child until final orders are made – Where the seriousness of the allegations pose too high a risk to the maternal grandmother, the mother and the child – Where no finding can be made on the evidence as it stands – Where the potential risk cannot be ameliorated by supervision – Application dismissed.

  • Worth & Worth [2019] FamCA 632

    11 Sep 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Application to Review Registrar’s decision – Application dismissed

  • Pilkvist & Coburn (Deceased) [2019] FamCA 635

    06 Sep 2019

    FAMILY LAW – DE FACTO RELATIONSHIPS – Where the applicant seeks a declaration pursuant to s 90RD of the Family Law Act 1975 (Cth) – Where the applicant alleges that the parties were in a de facto relationship from 9 October 2009 to 6 December 2016 – Where an order was made by consent on 20 October 2009 declaring that a de facto relationship never existed between the parties – Where the respondent is deceased and the proceedings are defended by his legal personal representatives – Where the evidence does not support a finding that the parties lived together as a couple on a genuine domestic basis – Where the applicant maintains that she and the respondent never separated and there is no jurisdiction to make a property settlement order - Where a declaration is made that a de facto relationship never existed and the applicant’s application is dismissed.

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the applicant’s legal representatives are directed to show cause as to why they should not be referred to the Legal Services Commission in relation to their conduct of this case on behalf of the applicant.

  • Colby & Coppola [2019] FamCA 629

    06 Sep 2019

    FAMILY LAW – PROPERTY – Where the parties established a plant and equipment business which they ran through a trust – Where interim orders were previously made requiring the Applicant to sell shares held within the trust and for the proceeds to be applied to debt outstanding on two loan accounts, but to be met by the parties in respect of one account each until this occurred – Where the proceedings were dismissed as neither party complied with these orders – Where the Applicant is seeking that the Respondent pay amounts each month, as well as arrears, in respect of the loan accounts – Where this is opposed by the Respondent who seeks alternative orders – Where the injunctive orders sought are not made as it was not established that the Respondent has the capacity to make the payments sought to be made.

    FAMILY LAW – PRACTICE AND PROCEDURE – Subpoenas – Where the Applicant makes an oral application for leave to issue a number of subpoena in circumstances where she asserts the Respondent has failed to comply with his disclosure obligations – Where the Respondent asserts he has complied with his disclosure obligations – Where leave is granted in respect of certain subpoena but not others.

  • Pullman & Garafolo (No. 2) [2019] FamCA 643

    05 Sep 2019

    FAMILY LAW – CHILDREN – where the child will continue to live with the mother and spend time with the father – where the parties are largely in agreement as to interim orders pending final determination– where the parties are unable to agree on when the child will start spending overnight time with the father – where it is in the best interests of the child that overnight time with the father commence forthwith – where the father proposed orders enabling him to commence spending time with the child on a week-about basis – where the father’s proposal for week-about time was supported by the Independent Children’s Lawyer and opposed by the mother – where a week-about proposal of this kind is not unusual and is appropriate and in the best interests of the child – where the parties cannot agree on the appropriate method of communication – where the mother proposes communication through email or telephone – where the father proposes SMS and this is supported by the Independent Children’s Lawyer – where the evidence indicates that SMS is the most appropriate way of communicating issues involving the child.

  • Gorbold & Zouh [2019] FamCA 619

    04 Sep 2019

    FAMILY LAW – COSTS – Where the applicant seeks costs on an indemnity basis – Where the respondent was wholly unsuccessful in the proceedings – Where the respondent failed to comply with various directions throughout the course of the proceedings –Where the applicant was the second respondent in the substantive proceedings and had intervened on a bona fide basis – Where the applicant was forced to incur significant legal costs while the respondent did not incur any – Where there was an offer of settlement on the part of the applicant – Where the Court found it just to make an order for costs – Where the Court was not satisfied that the respondent’s conduct should give rise to an order for indemnity costs – Where it was unlikely that the respondent had the capacity to meet a significant costs order against her – Orders made for costs to be paid in a fixed amount.

  • Kelly & Hughes [2019] FamCA 621

    04 Sep 2019

    FAMILY LAW – JUDGMENTS – Stay – where final parenting orders were made and judgment delivered following a defended hearing – where a change of residence was ordered – where the child is living with the father – where the mother has filed a Notice of Appeal in relation to the final orders and seeks a stay of those orders pending the final outcome of the appeal – where the stay application is opposed by the father and Independent Children’s Lawyer – where the stay would deprive the father of the benefit of the judgment – where the mother is seeking orders that are different to those sought in the appeal – where the best interests of the child and his welfare is given considerable weight – where the father appears to be taking the welfare of the child seriously and has done all that was recommended in terms of health, education and therapeutic work – where the final orders were put in place in circumstances where the child needs to be protected from the mother’s tendency to react to unwelcome events with a high level of anger and blame towards those she holds responsible – where if the stay application was granted hardship would fall most heavily upon the father – where the impact would be adverse if the stay application was successful and the appeal was unsuccessful – where the child would suffer significant stress and confusion if his residence was again changed – where the stay application is dismissed.

  • Murgatroyd & Murgatroyd (No. 2) [2019] FamCA 617

    04 Sep 2019

    FAMILY LAW – PARENTING – Where there are four children of the marriage between the mother and the father in these proceedings – Where the mother is seeking to relocate with the four children of the marriage to her home country of Germany – Where this is opposed by the father who is seeking that the children remain living with him in Australia – Where both parties seek sole parental responsibility – Where in the event that the children are allowed to live in Germany, the father seeks a large number of prescriptive Orders regulating his time and contact with the children – Where there is no dispute between the parties about the family violence in their relationship – Where the mother is granted sole responsibility for the children in respect of long-term decisions about the children, and the remaining matters are to be shared responsibility between the parties – Where the mother is permitted to relocate to Germany with the children and the father is allowed to spend regular holiday time with the children if he is to remain in Australia and regular contact if he is to move to Germany.

  • Demetriou & Demetriou [2019] FamCA 625

    04 Sep 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – where the parties consented to the appointment of a single expert under the Family Law Rules 2004 (Cth) for the purpose of a joint valuation in respect of real property – where the husband obtained an adversarial expert report a few days before trial– where the husband filed an application two days before the commencement of the trial – where the husband pressed for a conference to take place between the single expert witness and the adversarial witness pursuant to Rule 15.69B of the Family Law Rules 2004 (Cth) – where the husband argued that pursuant to Rule 15.49(2)(a) and (c) of the Family Law Rules 2004 (Cth) the adversarial report would likely be tendered and evidence from the expert could be adduced – facts distinguished from Lister & Lister (2015) 52 FamLR 174 – alternative procedure available to submit questions to the single expert under Rule 15.65 the Family Law Rules 2004 (Cth) – husband’s application was dismissed.

  • Pinfold & Crammond [2019] FamCA 618

    03 Sep 2019

    FAMILY LAW – CHILDREN – Parental responsibility – With whom the children live – Where the mother and father each seek sole parental responsibility for the children and for the children to live with them – Where the children currently live with the father in the home of the paternal grandparents – Where there are serious allegations of sexual abuse made against the paternal grandfather by the mother – Where the children have close and loving relationships with each of the parents – Where the father and the paternal family do not facilitate the children’s relationships with the mother – Where the children’s relationships with the mother are likely to be lost if they remain in the sole care of the father and paternal family – Orders made for the mother to have sole parental responsibility and for the children to live with her – Children to spend substantial and significant time with the father as specified.

  • Beckett & Knill (No. 2) [2019] FamCA 620

    03 Sep 2019

    FAMILY LAW – CHILDREN – medical treatment – interlocutory mechanisms for treatment where parties cannot agree on other parties’ involvement.

  • Tournier & Oxley [2019] FamCA 614

    02 Sep 2019

    FAMILY LAW – CHILDREN – final parenting orders – best interests – undefended hearing – where the father has not complied with trial directions – where the father has not filed material since November 2017 –  leave granted for the mother to proceed on an undefended basis – where the children have made disclosures to the mother that the father physically abused them – where the children have not spent time with the father for five and a half years – order that the mother have sole parental responsibility – order that the children live with the mother – order that the children spend no time or communicate with the father.

  • McGuire & McGuire [2019] FamCA 613

    30 Aug 2019

    FAMILY LAW – PARENTING – Where there are four children – Where the dispute is limited to one night a fortnight – Where the children express views for the arrangements to continue without change – Orders made for equal shared parental responsibility – Orders made for children to live with the mother and spend time with the father.

    FAMILY LAW – PROPERTY – Where it is just and equitable to make a property alteration – Where parties agree their contributions should be assessed as equal at the date of trial – Where the wife seeks a 25 per cent adjustment of the proceeds of the former matrimonial home and the husband seeks only 20 per cent adjustment to the wife – Where it is just and equitable for the wife to receive a 25 per cent adjustment – Where both parties agree to a superannuation splitting order – Orders made

  • Sigley & De Santis and Ors (No. 2) [2019] FamCA 596

    27 Aug 2019

    FAMILY LAW – PROPERTY – procedural steps to ensure three proceedings advance smoothly to trial – 12 day trial ordered.

  • Millwood & Millwood [2019] FamCA 594

    23 Aug 2019

    FAMILY LAW – CHILDREN – Parental responsibility – Where the mother and father each seek sole parental responsibility for the child and for the child to live with them – Where in the alternative the father seeks a shared care arrangement – Where the mother seeks that the child spend no time with the father – Where the Independent Children’s Lawyer (“ICL”) supports the orders sought by the mother – Where the father has been subject to criminal proceedings regarding alleged sexual abuse against a minor – Where the mother believes that the father has sexually abused the child – Where there are various family violence allegations made against the father by the mother –Where the mother has always been the child’s primary caregiver – Orders made in similar terms to those proposed by the mother and ICL.

    FAMILY LAW – COSTS – Where the ICL seeks an order for costs against each of the parties – Where the proceedings were particularly complex – Where significant court time was expended on the proceedings – Where the complex nature of the proceedings was a result of the parties’ behaviour – Where the Court found it was just to make an order for costs – Application granted – Orders made for each party to pay the costs of the ICL in an equal share.

  • Aiello & Aiello [2019] FamCA 588

    23 Aug 2019

    FAMILY LAW – PROPERTY – Where the contributions during the marriage were assessed as equal – Where the husband had substantially greater initial contributions than the wife – Where the husband’s income is derived from several rental properties – Where a child of the marriage has a chronic illness – Where the wife’s capacity to work is limited due to her caring responsibilities for the child – Where contributions are assessed as 65 per cent to the husband and 35 per cent to the wife – Where the wife receives 5 per cent adjustment for s 75(2) factors – Orders made.

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the husband sought to rely on a summary of expenses he paid on behalf of the wife and child since separation – Where the schedule was a summary of expenses that were not identifiable in the original source documents – Where it was not possible to verify the accuracy of the schedule – Where the schedule was not found to be a summary of source documents pursuant to Evidence Act 1995 (Cth) s 50 – Where the husband was not permitted to rely on that schedule.

  • Scott & Scott (No. 2) [2019] FamCA 599

    22 Aug 2019

    FAMILY LAW – COSTS – PRACTICE AND PROCEDURE – Adjournment – Where the parties are involved in a dispute about the division of property under Part VIII of the Family Law Act 1975 (Cth) – Where the parties’ preliminary dispute over the validity and enforceability of a binding financial agreement was listed for trial over three days – Where the applicant wife failed to properly and comprehensively plead her case – Where the respondent husband sought an adjournment of the trial so the wife could file amended pleadings enabling him to understand and answer the totality of her case with supplementary evidence – Where the husband also made an application for the wife to pay his costs of the trial thrown away – Where the wife’s conduct of the proceedings entitled the husband to an order for costs – Ordered the parties’ applications for property settlement relief is adjourned – Ordered the wife pay the husband’s costs of and incidental to the trial thrown away by the adjournment of the trial – Where such costs to be paid on a party/party basis in the sum agreed or assessed.

  • Meadows & Meadows (No. 3) [2019] FamCA 644

    21 Aug 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Review of a Registrar’s decision – Where the applicant sought a review of the decision to reject her Application in a Case for filing – Where the Application sought to vary and stay final parenting orders – Where the orders sought were largely beyond the scope of enforcement or machinery orders – Where it was not appropriate to consider a stay as the applicant had not decided to file an Appeal – Application dismissed – Parties referred to the Chambers of the primary judge in relation to machinery issues.

  • Tamson & Moritz [2019] FamCA 552

    15 Aug 2019

    FAMILY LAW – VARIATION OF SPOUSE MAINTENANCE ORDER – Where application to vary de facto spouse maintenance order s 90SI(3) Family Law Act 1975 (Cth) – Where primary order made by consent – Where both parties represented at time of consent order – Where consideration of applicable principles – Where wife fails to make out ground to enliven jurisdiction to vary order – Where application dismissed

  • Tokic & Ziu [2019] FamCA 547

    13 Dec 2019

    FAMILY LAW – ADJOURNMENT – Where husband seeks a nullity and the wife applies for parenting orders for the young child including sole parental responsibility - where the legal representatives for the applicant wife ceased to act as her solicitors on the day prior to the hearing – where the husband does not attend court; that his brother attends and said that the father’s mental health state precludes him from attending court

    FAMILY LAW – PRACTICE AND PROCEDURE – criteria for a case guardian.

    FAMILY LAW – PRACTICE AND PROCEDURE – function of a McKenzie friend.

    FAMILY LAW – PRACTICE AND PROCEDURE – appointment of an independent children’s lawyer.

  • Wyman & Wyman and Ors [2019] FamCA 652

    13 Aug 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Review of Senior Registrar’s decision – Change of venue – Where the Senior Registrar dismissed the mother’s application to hear the parenting proceedings at the Melbourne Registry of this Court – Application of the relevant considerations under rule 11.18 of the Family Law Rules 2004 (Cth) – Where the availability of a timely trial in Melbourne was likely to offer the best chance of an early resolution of the proceedings in accordance with the public interest – Where the parties have competing applications as to which State the child will live in – Where it was in the best interests of the child to have his living arrangements resolved as soon as practicable – Where the marginal possible inconvenience and potential additional cost of hearing the proceedings in Melbourne could be accommodated by the parties – Where the Court found it appropriate for the venue to be Melbourne – Review granted.

  • Portelli & Wymer (No. 2) [2019] FamCA 543

    13 Aug 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Review of Senior Registrar’s decision – Change of venue – Where the Senior Registrar dismissed the mother’s application to hear the parenting proceedings at the Melbourne Registry of this Court – Application of the relevant considerations under rule 11.18 of the Family Law Rules 2004 (Cth) – Where the availability of a timely trial in Melbourne was likely to offer the best chance of an early resolution of the proceedings in accordance with the public interest – Where the parties have competing applications as to which State the child will live in – Where it was in the best interests of the child to have his living arrangements resolved as soon as practicable – Where the marginal possible inconvenience and potential additional cost of hearing the proceedings in Melbourne could be accommodated by the parties – Where the Court found it appropriate for the venue to be Melbourne – Review granted.

  • Trebiano & Trebiano [2019] FamCA 530

    09 Aug 2019

    FAMILY LAW – PROPERTY – Where both parties are retired – Where the wife made substantially greater financial contributions – Where the wife’s physical contributions exceeded those of the husband – Where the wife’s contributions are assessed as 70 per cent and the husband’s as 30 per cent – Where the wife seeks a Kennon adjustment – Where no adjustment for Kennon is made – Where both parties seek to remain in the former matrimonial home – Where the husband has a degenerative disorder and should be given the opportunity to remain in the household – Where the former matrimonial home can undergo minor modifications to assist his condition – Where modifications are not a 75(2) factor – Where the 75(2) adjustments are 7.5 per cent to the husband if he remains in the former matrimonial home, and 10 per cent if he leaves the former matrimonial home. Where the husband is required within two months of these reasons to nominate whether he will remain in the former matrimonial home – Where if he remains, he receives 37.5 per cent of the assets, and if he leaves, he will receive 40 per cent of the assets – Where if the husband chooses not to stay in the former matrimonial home, the wife will receive the home.

  • Borchard & Portner (No. 2) [2019] FamCA 524

    08 Aug 2019

    FAMILY LAW – CHILDREN – Best interests – With whom a child lives and spends time – Parental responsibility – Where the subject child is aged 12 years – Where interim orders provide for the child to live with the father and spend two hours per fortnight with the mother – Where the child resists spending any time or communicating with the mother – Where final orders were made by consent in 2016 providing for the child to live with the mother while she resided in a designated area – Where the mother elected to return overseas in late 2016 and relinquished primary care of the child to the father – Where the mother returned to live in Australia in late 2018 – Where the father filed fresh proceedings seeking orders for the child to remain living with him and for the child to decide if and when she spends time and communicates with the mother – Where the mother seeks a reversal of the child’s residence – Where the child has a meaningful relationship with the father from which she derives enormous benefit – Where the child presently does not derive much, if any, benefit from her relationship with the mother – Where the Family Consultant opined that the child’s strongly expressed feelings about the mother are linked to her emotional need to preserve her relationship with her father – Where neither parent poses any risk of subjecting or exposing the child to abuse, family violence or neglect – Additional considerations – Where the child’s views are considered and accorded weighed – Where the presumption of equal shared parental responsibility is rebutted as such an order is not in the child’s best interests – Ordered the child live with the father – Where sole parental responsibility is allocated to the residential parent – Where no order made to compel or restrain the child’s interaction with the mother.

  • Meadows & Meadows (No. 2) [2019] FamCA 491

    30 Jul 2019

    FAMILY LAW – CHILDREN – contested residence – whether either parent presents as an unacceptable risk – although concerns exist around the mother’s failure to spend time with the child – orders made for child to live with the father and spend unsupervised time with the mother

    PROPERTY – modest pool – dispute as to contributions – orders for 45%/55% division with similar superannuation splitting orders

    SPOUSE MAINTENANCE – application by wife dismissed

  • Ackerley & Ackerley [2019] FamCA 500

    30 Jul 2019

    FAMILY LAW - PROPERTY – Interim distribution – Where the wife seeks interim settlement of property – Where the husband opposes – Where the husband asserts that his income is outstripped by his expenditure – Whether to make orders for interim settlement of property – Principles in relation to interim settlement – Orders

  • Houghton & Houghton [2019] FamCA 498

    26 Jul 2019

    FAMILY LAW - CHILDREN – PARENTING – Where there are two children of the marriage – Where the children are aged ten and seven - Where the mother seeks the children spend no time, or limited supervised time with the father – Where the father seeks equal shared parental responsibility and unsupervised time with the children – Where the father pleaded guilty to a criminal offence causing grievous bodily harm to the mother – Where the criminal offence involved the father running the mother over with his car – Where the father was psychologically abusive towards the mother following the incident – Where the father allegedly followed adolescent and underage girls, and took and stored photographs of such girls without their consent – Where the mother discovered such photographs but they were not before the Court – Where the mother and father’s contemporaneous communications confirmed the seriousness of the photographs – Where the father subsequently denied the photographs were of a concerning, inappropriate, or illegal nature – Where the father conceded that he was sexually attracted to females of all ages –Where the father conceded that he was sexually attracted to girls in school uniforms –Where the risk to the children would increase as the children became older – Where age is not a protective factor for the children - Where the father took inappropriate photographs of adult women, including the mother, without their consent – Where these photographs were sexual in nature – Where the father denied he took the photos, or otherwise said they were taken with the consent of the subjects – Where the photographs were found to be taken without consent and were clearly inappropriate - Where the father had taken and stored photographs of shirtless children in a posed manner – Where the father used intimidation to parent the children – Where the children presented mixed views about continuing a relationship with the father - Where the father was found to be an unacceptable risk of harm to the children – Orders for limited supervised time with the father.

    PROPERTY – Where parties had no significant assets at the commencement of cohabitation – Where both parties contributed to the family – Where the husband was the primary income earner and the wife the primary carer – Where the wife provided substantial financial contributions – Where the husband provided substantial contributions by way of compensation payment – Where contributions are equal – Where the wife seeks an adjustment under the Kennon principle – Where this claim fails – Where the wife suffers from PTSD and has limited earning capacity – Where the wife has limited superannuation – Where the husband had failed to pay the mortgage and child maintenance pursuant to orders – Where the husband had arrears of child support at $37,455 at time of trial – Where there is reasonable doubt about whether the husband would contribute in the future – Where there is an adjustment in favour of the wife – Order for the wife to receive 70 per cent of the net assets of the parties – Order for the husband to receive 30 per cent of the net assets after repayment of his outstanding liabilities.

    CHILD SUPPORT – where the wife seeks a departure order from the child support assessment – Where the grounds for departure are not made out – Where her need for support and current earning capacity has been considered in the adjustments for the property settlement – Application dismissed.

  • Khalid & Khalid [2019] FamCA 479

    19 Jul 2019

    FAMILY LAW - PROPERTY – Where it is just and equitable to make an adjustment of the property interests held by each party – where there is a small property pool – where the Husband has entered into a deed of settlement with the Intervenor – where the Wife should not share in the debt – where the contributions are equal – where the considerations at s 75(2) weigh in favour of an adjustment for the Wife – where it is just and equitable to make the orders sought by the Wife.

    SPOUSAL MAINTENANCE – where the Wife sought $2,000 per month – where the Wife sought the payment as periodic payments of future sums as part of the property settlement or as spousal maintenance – where the Wife demonstrated a need for spousal maintenance but not as to quantum – where the Husband demonstrated a capacity to pay for spousal maintenance but not as to quantum – where the evidence was insufficient to ground the making of a spousal maintenance order – where no order for spousal maintenance is made.

  • Keighley & Keighley [2019] FamCA 473

    07 May 2019

    FAMILY LAW - CHILDREN – Application by the Independent Children’s Lawyer to temporarily suspend the father’s time with the children – Where the application is supported by the mother and opposed by the father – Where the application is made upon the release of the single expert’s report – Where the single expert recommends the father’s time be supervised – Where it was not practical to arrange supervised time before the next court date – Where the need to protect the children from harm was more significant than the need for the children to have a meaningful relationship with both parents – Application granted – Order made for time with the father to be suspended pending further order

  • Sigley & De Santis and Ors [2019] FamCA 271

    03 May 2019

    FAMILY LAW - CORPORATIONS – complex tangle of interrelated companies and connected shareholders – family companies – family trusts.

    DE FACTO PARTNERS – financial agreement – de facto husband’s assets very substantial – agreement providing that upon breakdown of the de facto relationship the de facto husband would continue to meet mortgage payments under mortgage over the former de facto wife’s home – de facto husband terminating relationship and commencing to alter his extensive corporate arrangements.

    CORPORATIONS – member’s voluntary winding up – requirement for solvency – loans owed to the de facto husband’s company forgiven – no evidence of legitimate basis for forgiveness having the effect of rendering company solvent – whether proper.

    CORPORATIONS – charge of de facto husband’s single share in a two share company – charge given in favour of a company owned and controlled by the de facto husband’s parents – whether charge valid and legitimate – effect of charge – subsequent default by de facto husband in meeting obligations under charge – de facto husband allegedly surrendering charged share – effect thereof – de facto husband’s company thereafter under the effective control of his parents.,

    ATTEMPT TO DEFEAT – s 106B of the Family Law Act.

    LIQUIDATORS – application by de facto wife for orders under schedule 2 to the Corporations Act for liquidators to provide a report on the external administration of de facto husband’s company.

    PRACTICE AND PROCEDURE – case management – this proceeding having been heard on 26 separate applications by 10 judicial officers – need for case to be tried.

  • Pierson & Romilly [2019] FamCA 259

    26 Apr 2019

    FAMILY LAW – PROPERTY – FORUM – Application for orders under s 79 of the Family Law Act 1975 (Cth) – Where there are already proceedings on foot in France – Where the parties’ signed a pre-nuptial agreement in France – Where the parties’ divorce has been granted by a French Court – Where the wife has engaged in the litigation in France – Where the husband seeks that the Australian proceedings be stayed – Whether Australia is a “clearly inappropriate forum”.

  • Munayallan and Ors & I Pty Ltd and Anor [2019] FamCA 765

    23 Oct 2019

    FAMILY LAW – COSTS – Circumstances justifying order – Where the wife and third party seek costs arising out of an unsuccessful application by the company – Where the court found that the company was the alter ego of the husband – Where the company was seeking effectively the same relief that it was pursuing in a civil claim in the Supreme Court – Where the court found that the application was an abuse of process – Orders.

  • Mirren & Mirren (No. 2) [2019] FamCA 742

    11 Oct 2019

    FAMILY LAW – STAY APPLICATION – grounds of appeal generic and unspecific – no arguable prospects of success on the appeal – appellant not prosecuting her appeal with any particular vigour – stay refused – costs ordered against appellant.

  • White & White [2019] FamCA 713

    04 Oct 2019

    FAMILY LAW – PROPERTY – enforcement of final orders – failure to effect transfers of real property – blockage to settlement of property transfers– property transfer forms – who bears responsibility for particular steps.

  • Yaseen & Yaseen [2019] FamCA 718

    04 Oct 2019

    FAMILY LAW – COSTS – Application for costs order by Independent Children’s Lawyer – Discussion of general principles – Where ultimately matter settled by consent – Where the Independent Children’s Lawyer’s significant engagement in the proceedings – Where it is ordered that each party pay by way of contribution to the Independent Children’s Lawyer’s costs the sum of $5,013.74significant engagement in the proceedings – Where it is ordered that each party pay by way of contribution to the Independent Children’s Lawyer’s costs the sum of $5,013.74

  • Thompsett & Keen and Ors [2019] FamCA 673

    16 Sep 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Application of s 102NA of the Family Law Act 1975 (Cth) – where there are significant allegations of family violence made by the 1st Respondent against the 2nd Respondent – where the family violence has not been proven – where the allegations of family violence are of such a nature that they justify a ban on personal cross-examination.

  • Paintal & Paintal (No. 2) [2019] FamCA 624

    05 Sep 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Expedition – the benefits of prompt resolution – general inability of the court to provide prompt resolution – need to establish a basis for giving priority within the list – Interim property – Interim international travel – risks of non-return – Interim allocation of parental responsibility to support private schooling.

  • Mehra & Mehra [2019] FamCA 586

    19 Aug 2019

    FAMILY LAW – PARENTING – where Mother wishes to travel overseas – where risk of non-return – costs.

  • Terim & Nabi [2019] FamCA 541

    13 Aug 2019

    FAMILY LAW – CHILDREN – overseas travel – where the child has been on the airport watch list since 2012 – where the mother seeks that she be able to take the child to Turkey to visit the maternal family – where the father opposes the application – where the father submits that there is a risk the mother will not return – where the mother’s sister is terminally ill – where the mother has demonstrated ties to Australia – where Turkey is a Hague Convention country – order that the mother be permitted to take the child on holiday to Turkey – order that the mother provide financial security.

  • Yuan & Song (No. 2) [2019] FamCA 580

    08 Aug 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – adjournments – application by the respondent to adjourn the final hearing – where the respondent is self-represented – where the applicant filed trial material days before the final hearing – where the applicant’s material was not filed in accordance with orders – order that the proceedings be adjourned to ensure the respondent is afforded procedural fairness.

  • Stipic & Chesterfield [2019] FamCA 515

    02 Aug 2019

    FAMILY LAW – PROPERTY – Interim – Where the wife seeks the husband make a lump sum payment to her of $85,000 – where the husband has paid $85,000 in legal fees – where the parties agreed at the hearing to sell motor vehicles and equipment – where the husband asserts the funds available to him cannot be drawn upon and are necessary for the operation of the business and payment of business debts – where the husband asserts the future of his business is uncertain – order made that the balance of the mortgage account drawdown be released to the wife and husband pay the balance to the wife.

  • Masih & El Saeid (No. 2) [2019] FamCA 534

    26 Jul 2019

    FAMILY LAW – CHILDREN – Where the children had not been spending time with the father as per existing parenting orders – Where the father filed an application seeking machinery orders to enforce those existing orders – Where it was submitted on behalf of the father that those existing orders did not require the mother to cause the children to spend time with the father and that it was necessary to impose the obligation of compliance on the mother and children – Application granted – Machinery orders made to clarify and enforce the parties’ obligations under the existing parenting orders – Recovery Order to issue and make up time to commence in the event of further non-compliance.

  • Toscani & Toscani [2019] FamCA 581

    25 Jul 2019

  • Walmsley & Presley [2019] FamCA 540

    24 Jul 2019

    FAMILY LAW – CHILDREN – best interests – where the children will remain living with the father and spending time with the mother on an interim basis - where final orders were made in 2016 for the children to live with the mother and spend time with the father – where the mother relapsed into alcohol use – where the mother’s relapse resulted in the children living with the father – where the mother entered rehabilitation and then discharged herself and relapsed – where the mother then entered another rehabilitation centre and successfully completed the program – where the mother continues to engage with services - where the mother has made an application to the court for the children to be returned to her care however conceded on an interim basis that the children should remain living with the father – where the issues in dispute in this current hearing relate to time and communication on an interim basis - where the residence of the children and time with both parents on a final basis is a matter to be determined at a final hearing – where the children have been directly exposed to the their parents conflict and drinking throughout their lives and their education has been greatly disrupted – where the preservation of meaningful relationships takes second place to ensuring safety of the children – where there are real risks present in this case in regard to both parents

  • Petridis & Petridis [2019] FamCA 484

    23 Jul 2019

    FAMILY LAW – PROPERTY – Variation to an existing dispute resolution order sought – where the application is wholly unsuccessful – where the enforcement of existing interlocutory orders is just.

  • Mayer & Mayer [2019] FamCA 489

    23 Jul 2019

    FAMILY LAW – CHILDREN – Contravention 1 – Where no case to answer because the orders don’t require the father to act reasonably by agreeing to alternative supervision – Contravention 2 – Where no case to answer because it was ordered that there be no communication until supervised time had commenced – Contravention 3 – Where no case to answer because the parties’ arguments are the same as in contravention 2 – Contravention 4 – Where no case to answer for the same reasons as contravention 1 – Contravention 5 – Where the court not persuaded that by delaying contacting the Contact Centre, the father made no reasonable attempt to comply with the orders – Contravention 6 – Where no case to answer because there was no prohibition on the father blocking phone numbers and the court is not persuaded the father changed his phone number – Where no contraventions established – Where order 7(e) be varied in the best interests of the children.

  • Ibbot & Baumer (No. 2) [2019] FamCA 468

    17 Jul 2019

    FAMILY LAW – CHILDREN – Parenting – Where the parties have two children who are in the care of the mother and have not seen the father in a number of months – Where domestic violence and drug and alcohol use was a feature of the relationship between the parties on the part of both the mother and the father – Where there are allegations of sexual abuse by the father of the two children – Where it is not found that the sexual abuse did actually occur, but it is found that there is an unacceptable risk of harm occurring to the children in the father’s unsupervised care – Where the children are to live with the mother and the mother is to have sole parental responsibility for the long term welfare, care and development of the children, with provision for the father’s response to be sought before any such decision is made – Where the father is to spend supervised time with the children – Where the father’s alcohol consumption and how this effects his ability to care for the children is the source of dispute between the parties – Where the father is Ordered to engage in treatment to reduce his alcohol consumption.

  • Salmon & Salmon and Ors [2019] FamCA 448

    10 Jul 2019

    FAMILY LAW – PROPERTY – INTERIM – Where the estate of the wife is seeking an interim litigation costs funding Order – Where the estate asserts that the family company owes the estate money – Where the husband asserts that he does not have the available cash resources to make a payment to the estate for litigation funding – Where the estate is not in a financial position to fund these proceedings from its own assets and would be placed at a significant disadvantage – Where the circumstances of this case justify the making of an interim litigation costs funding Order.

  • Vrebac & Vrebac [2019] FamCA 579

    18 Jun 2019

    FAMILY LAW – PROPERTY – interim orders – where the husband seeks to reside in one of two units built for investment purposes by the parties – where the wife seeks orders that the husband be restrained from living in or attending the premises of either unit – where previous orders indicate the units are to be completed and listed for sale – where previous orders allow for the wife to complete the construction of the units – where the units have not been completed – where neither unit has been issued a certificate of occupancy – where the units are currently being marketed for sale – orders that the husband be restrained from entering on or taking possession of either unit.

  • Zouh & Gorbold and Anor [2019] FamCA 377

    07 Jun 2019

    FAMILY LAW – PROPERTY – Where the wife seeks to set aside a transfer of property under s 106B of the Family Law Act 1975 (Cth) – Where neither the husband nor the wife has any property of significant value – Where the wife contends that the transfer defeated her ability to seek a property settlement under s 79 of the Family Law Act 1975 (Cth) – Where the husband transferred his interest in the property to his daughter for a nominal amount – Where the husband and daughter contend that the transfer was for the purpose of satisfying significant debts incurred by the husband to the daughter – Where the husband and daughter seek to have the wife’s application dismissed – Where the Court was not satisfied that the transfer was made in anticipation of a property order being made in favour of the wife – Wife’s application dismissed.

  • Pollard & Nordberg [2019] FamCA 365

    07 Jun 2019

    FAMILY LAW – DE FACTO RELATIONSHIP – three children – two born to the couple – the eldest having a different biological father.

    FAMILY LAW – RECOVERY ORDER – mother removes three children from Victoria to New South Wales – no knowledge or agreement to do so from father – mother’s family and network at place where she now lives with the children – father obtains recovery order from local Magistrates Court in Victoria.

    FAMILY LAW – FAMILY VIOLENCE – detailed assertions by mother – disputed by father – little evidence given by father beyond denials – mutual intervention orders – mother contending that the fact, nature and extent of family violence drove her to depart Victoria seeking refuge with her family – no evidence from a family consultant or 11F report.

    FAMILY LAW – INTERIM PARENTING APPLICATION – proper approach to adopt when dealing with contested evidence, especially in respect of family violence.

    FAMILY LAW – APPEAL UNDER s 96(4) – hearing de novo – extensive review of authorities – conclusion that appeal should be allowed.

    FAMILY LAW – INTERIM RELOCATION ORDER – desirability or otherwise of making such an order when the evidence is incomplete – need for better evidence about the best interests of the children – further hearing of that application adjourned to Federal Circuit Court.

    FAMILY LAW – TRANSFER OF PROCEEDING – from local Magistrates Court to Federal Circuit Court of Australia – subsequent to transfer Magistrates Court purportedly issuing recovery warrant directed to Australian Federal Police – nullity– recovery order made 16 April 2019 set aside.

  • Tomlinson & Conlan [2019] FamCA 492

    07 Jun 2019

    FAMILY LAW – CHILDREN – With whom a child lives – Change of residence.

  • Savidge & Denzil [2019] FamCA 356

    31 May 2019

    FAMILY LAW – NULLITY – Application for declaration – Where at the time of the marriage the respondent was married to another person – Declaration of nullity made.

  • Mitchell & Mitchell [2019] FamCA 460

    31 May 2019

    FAMILY LAW – CHILDREN – Parenting – where the Mother seeks that the children have no contact with the Father – where the Father seeks an equal time arrangement – where the Father only attends the first morning of the trial – where the Father filed no material – where there are serious allegations of family violence made against the Father – where the Father poses an unacceptable risk to the children – where the Father has normalised family violence – where there is no net benefit to the children of a meaningful relationship with the Father – orders made for no contact with the Father.

  • Vincent & Wells [2019] FamCA 578

    14 Mar 2019

    FAMILY LAW – CHILDREN – Application by father to spend time with the child – Allegations of drug abuse – Allegations of violence – Allegation that child at an unacceptable risk in the unsupervised care of the father – Orders by Consent that child live with the mother – Orders by Determination – Order that mother and father have equal shared parental responsibility for the child – Order that father spend supervised time with the child building up to unsupervised time – Orders that the parent who is not living or spending time with the child be able to communicate with the child – Specific issues orders

    FAMILY LAW – CHILDREN – Change of child’s surname – Application by father seeking registration of the father’s surname on the child’s birth certificate – In circumstances where parties were neither living together nor in an intimate relationship when the child was born – Order that father’s surname be registered on the child’s birth certificate

    FAMILY LAW – COSTS – Costs of the Independent Children’s Lawyer – Where the Independent Children’s Lawyer applied for the parents to each contribute to one half of the costs of representing the child – Where the mother is legally aided and the father is in employment – Order that father should meet one half of the costs of the Independent Children’s Lawyer

  • Balfe & Martin (No. 2) [2019] FamCA 711

    04 Oct 2019

    FAMILY LAW - COSTS – Consideration of applicable principles – Where father in custody – Where father’s conduct unnecessarily protracted proceedings – Where father ordered to pay contribution to the mother’s costs in the sum of $40,000.

  • Heworth & Heworth [2019] FamCA 716

    09 Oct 2019

    FAMILY LAW – INTERIM PROPERTY – Where the wife seeks payment from the husband of $11,000 for a holiday with the children – Where this is a partial property settlement – Where it is not in the interests of justice for the wife to receive the funds – Where the wife seeks $100,000 for litigation funding – Where the husband is unable to draw on his corporate entities to provide such funding – Where the husband’s mother is able to provide $20,000 to the wife for litigation funding – Orders made for the wife to receive $20,000 – Where this is characterised as partial property settlement.

  • Hunter & Hillman [2019] FamCA 494

    15 Jul 2019

    FAMILY LAW - PARENTING – Complex family case – therapeutic and reputable psychological/psychiatric interventions for children – case management directions.

  • Hawley & Wiggins [2019] FamCA 477

    14 Jun 2019

    FAMILY LAW - PRACTICE AND PROCEDURE – Directions in relation to indirect cross examination by a litigant in person of an alleged victim of family violence – father’s contravention application (one count) dismissed – father’s application to remove the Independent Children’s Lawyer adjourned to allow the Independent Children’s Lawyer to be accorded procedural fairness – adjournment of various orders sought by the father to be made on an interim basis.

  • Dawkins & Boreham [2019] FamCA 485

    14 Jun 2019

    FAMILY LAW - CHILDREN – FINAL PARENTING ORDERS – where proposed medical intervention is therapeutic – where authority for child to undergo an operation is a matter where the sole parental responsibility is of the mother – injunction to prevent father interference with operation – costs.

  • Holbert & Holbert [2019] FamCA 566

    22 Aug 2019

    FAMILY LAW - PROPERTY– Interim property settlement – application by the wife for sale of real property of the parties located in Scotland and interim property distribution – cross application by the husband for sale of former matrimonial home – where the wife and children continue to reside in former matrimonial home and the wife seeks to retain former matrimonial home as part of the final property settlement – where the husband submits that former matrimonial home will not be able to be retained at final settlement and should be sold now – where not clear whether it will be necessary to sell former matrimonial home at final settlement – orders for the sale of real property located in Scotland and interim property distribution

  • Hasila & Fatisi [2019] FamCA 590

    16 Jul 2019

    FAMILY LAW - EVIDENCE – Whether three affidavits written by health professionals should be excluded – where the affidavits have been objected to primarily on the basis of non-compliance with Part 15.5 of the Family Law Rules 2004 (Cth) – whether the opinions given in said affidavits fall within the exceptions at Rule 15.41 – where it is found that the affidavits fall within Rule 15.41 with particular paragraphs excluded.

  • Garratt & Aiken & Anor (No. 3) [2019] FamCA 714

    04 Oct 2019

    FAMILY LAW - FAMILY LAW – COSTS – Where the Independent Children’s Lawyer’s application for costs thrown away by reason of adjournment of final hearing – Where adjournment caused by failure to file documents – Where consideration of applicable principles – Where order costs made in favour of the Independent Children’s Lawyer.

  • Ettridge & Somers (No. 4) [2019] FamCA 577

    17 Jul 2019

    FAMILY LAW - COURTS AND JUDGES – oral application for recusal made by the respondent – application dismissed.

  • Ettridge & Somers (No. 3) [2019] FamCA 520

    02 Aug 2019

    FAMILY LAW - PROPERTY – stay – where the respondent has initiated appeal proceedings in relation to four sets of orders made by the Court over a period spanning almost two years – where the respondent seeks a stay of those orders pending appeal – no basis for a stay – order that the respondent’s application for a stay of the operation of orders be dismissed.

    PROPERTY – where the applicant alleges that the respondent failed to provide vacant possession of the former matrimonial home in accordance with orders – where the applicant seeks a warrant for possession issue requiring the respondent to give vacant possession of the property to the applicant pursuant to r 20.54 of the Family Law Rules 2004 (Cth) – order that a warrant for possession issue.

  • Correia & Davila [2019] FamCA 558 Booth & Remington and Anor [2019] FamCA 533

    23 Jul 2019

    FAMILY LAW - CHILDREN – best interests – where the mother filed an application to change the child’s surname – where that application was opposed by the father and paternal grandmother – where this application is a final one and should be determined on the basis of the child’s best interest - where the order is made for the child’s surname to be changed – where there is no relationship between the child, father and paternal grandmother and there is a need to protect the child - where the father agreed to final consent orders in 2013 for him to spend no time with the child - where the child has not seen her father for six years - where the change in surname does not change the child’s identity and the father is still listed on the birth certificate as the natural father – where the child identifies herself with the mother’s surname and feels content and secure as the youngest member of that household – where the child is experiencing difficulties by being referred to by her current surname – where a delicate situation exists in the mother’s household - where the father has been charged with sexually assaulting the mother’s eldest daughter and his own daughter from a different relationship - where the father and paternal grandmother have made fresh applications for final orders for time and communication with the child and another of the father’s children and those applications remain outstanding – where time and communication between the child, father and paternal grandmother is to be determined at a later date.

  • Claringbold & Macindoe [2019] FamCA 575

    26 Jul 2019

    FAMILY LAW - CHILD SUPPORT ASSESSMENT – Where the wife filed an application that pursuant to the Child Support Assessment Act – That she sought the father to pay 50 per cent of private school fees for the child – Where there is no common intention found that the children be educated at the private school and the father contribute to fees – Where the Court is not satisfied the father has the financial capacity to contribute to the cost of school fees – Where it was not established that the child would suffer hardship if no longer able to attend the private school – Where it was not found to be just and equitable, or otherwise proper, to make orders as sought by the mother – Application dismissed.

  • Arkin & Blasberg [2019] FamCA 476

    23 Jul 2019

    FAMILY LAW - PRACTICE AND PROCEDURE – APPLICATION TO VACATE TRIAL – respondent suffering malignant cancer – respondent asserting his case was not ready for commencement of trial fixed for 30 July 2019 – case previously fixed for trial on a date prior to 30 July 2019 – trial date for that hearing vacated – considerations of fairness or otherwise of forcing respondent on for trial when he was not ready – considerations of balancing the applicant’s interests in holding the respondent to the 30 July 2019 trial date – trial date vacated to 28 October 2019.

    PRACTICE AND PROCEDURE – APPLICATION FOR MANDATORY INJUNCTION – relevant principles – detailed examination of equitable principles and their application to injunctions under s 114 of the Family Law Act.

    PROPERTY – SUPERANNUATION – application to compel respondent to create fresh binding death benefit nominations in favour of the respondent’s legal personal representative so that the proceeds of the respondent’s superannuation were dealt with under his will rather than those proceeds being disbursed to the nominated beneficiaries – consideration of aspects of part VIIIB of the Family Law Act – consent orders on that point ultimately reached.

  • Alvarez & Alvarez [2019] FamCA 574

    21 Aug 2019

    FAMILY LAW - PROPERTY – final property orders – undefended hearing – where the husband has not participated in the proceedings – leave granted for the wife to proceed on an undefended basis – where the husband has prematurely distributed a substantial sum of his superannuation entitlements – where the monies are added back to the net asset pool – where it is just and equitable to make a division of the parties’ assets – consideration of s 75(2) factors.

  • Abboud & Adjani [2019] FamCA 525

    08 Aug 2019

    FAMILY LAW - CHILDREN – Undefended final parenting hearing – where the father has perpetrated family violence against the mother – where the father has a history of drug use – where the father poses an unacceptable risk of harm to the children on the basis of exposing them to family violence and drug use – where there are risk factors associated with both parents – where orders are made for the children to live with the mother and spend no time with the father.

  • Kessler & Kessler [2019] FamCA 672

    18 Sep 2019

    FAMILY LAW – CHILDREN – Interim Parenting – Where the parties reached agreement as to some interim parenting orders – Where there are concerns about the mother’s alcohol use – Where the father contends that the mother poses an unacceptable risk of harm to the children if she were to spend overnight time with them

  • Sellers & Burns [2019] FamCA 662

    13 Sep 2019

    FAMILY LAW – INTERIM – Where the matter was listed to determine outstanding interim applications – Where the applications were for interim parenting, interim property and spousal maintenance – Where the husband did not file any updated financial material – Where applications for interim property settlement and spousal maintenance could therefore not be heard – Where leave was granted for an application for urgent spousal maintenance under s 77 of the Family Law Act 1975 (Cth) – Application dismissed –Where application was made for Christmas holiday time with the children – Orders made – Where allegations have been made about the mother using illicit drugs – Orders made for the mother to undergo drug testing.

  • Garvey & Jess [2019] FamCA 638

    09 Sep 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Application for leave to review Registrar’s exercise of power – Where there is an application by the husband for leave to review Orders of a Registrar for him to produce documents to the wife, including bank statements – Where the application was made out of time – Where the husband has not provided a satisfactory explanation for his failure to seek to review the Order within time and where it will not unfairly prejudice the husband – Where the application is dismissed.

    FAMILY LAW – PARENTING – Interim – Where the parties have two children who are currently the subject of interim parenting orders – Where the parties made agreed changes to those Orders through their participation in a Child Dispute Conference – Where an application is made to vary the existing interim parenting Orders made in respect of school holiday periods which were not agreed at this conference – Where Orders are made varying the time the children are to spend with the parties during the June/July and September/October school holiday periods.

  • Hobson & Hobson [2019] FamCA 564

    02 Sep 2019

    FAMILY LAW – PROPERTY SETTLEMENT – assessment of contributions – marriage of ten years – two children of the marriage – where husband made a significant contribution at commencement of cohabitation – consideration of s.75(2) of the Family Law Act 1975 factors – justice and equity.

  • Sanil & Lennon [2019] FamCA 556

    16 Aug 2019

    FAMILY LAW – De facto relationship – threshold issue – whether a de facto relationship existed – where the Applicant seeks a declaration that he and the Respondent were not in a de facto relationship – where the Respondent seeks a declaration that she and the Applicant were in a de facto relationship – where, if a de facto relationship existed, the Court is requested to determine the period of that relationship – consideration of the nature of that relationship – findings as to credit of the witnesses – held that a de facto relationship did exist in the period from 13 October 2010 until 15 August 2012.

  • Munayallan & Scott (No. 2) [2019] FamCA 676

    15 Aug 2019

    FAMILY LAW – CHILDREN – Final hearing – With whom a child lives and spends time – Where the children have lived with the parties in equal time since 2014 – Where the husband seeks to continue the arrangement – Where the relationship between the parties is becoming increasingly fractured – Where the wife seeks to reduce the husband’s time with the children to five nights per fortnight – Orders.

  • Munayallan & Scott [2019] FamCA 549

    02 Aug 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Abuse of process – Where a cross claim filed in the supreme court is almost identical to the relief sought in an application in a case in this court – Where at all material times the company was aware of the litigation – Orders.

  • Kabat and Anor & Garacia (No. 3) [2019] FamCA 505

    31 Jul 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Leave to re-open evidence after the conclusion of trial – Where the evidence was reasonably available at trial – Where the evidence is unlikely to affect the outcome of the trial – Where the evidence is embarrassing – Where the application is dismissed.

  • Kabat and Anor & Garacia (No. 4) [2019] FamCA 508

    31 Jul 2019

    FAMILY LAW – CHILDREN – Best Interests – Where the mother seeks that the children live with her and spend no time with the father or the paternal grandmother – Where the father seeks that the children live with him and spend time with the mother and paternal grandmother – Where the paternal grandmother seeks that the children spend time with her at least once a week – Where the father poses an unacceptable risk of harm by reason of his coercive and controlling behaviour towards the mother and his involvement of the children in the parent’s separation – Where the father has demonstrated no insight into his damaging behaviour – Where the father has no capacity to comply with court orders – Where the paternal grandmother is intent on promoting the father’s agenda – Where the risk cannot be ameliorated by supervision – Where the children will live with the mother and spend no time with the father or the paternal grandmother

  • Ettridge & Somers (No. 2) [2019] FamCA 420

    04 Jul 2019

    FAMILY LAW – PROPERTY – Enforcement – where the applicant is seeking enforcement of final orders for the sale of the parties’ property – where a private offer for the sale of the property has been accepted by the applicant – where the respondent refuses to sign the contract of sale – where the respondent submits that the purchaser should be made aware of his application for leave to appeal the final orders – where the wife seeks that she have sole conduct of the sale – order that the wife be appointed as trustee to have sole conduct of the sale of the property – order that the respondent vacate property within 21 days of these orders.

    FAMILY LAW – PROPERTY – Enforcement – where the respondent asserts that the applicant has failed to carry out her duties as a trustee of a superannuation fund pursuant to the final orders – where the respondent produces no evidence to support his contentions – application for such an order must fail.

    FAMILY LAW – PROPERTY – Where the respondent seeks that the parties be referred to arbitration – where the parties have already had two trials – no basis for arbitration – application that parties’ attend arbitration dismissed.

  • Marley & Ormonde and Ors [2019] FamCA 455

    03 Jul 2019

    FAMILY LAW – PROPERTY – Interim distribution

  • Kabat & Garacia (No. 2) [2019] FamCA 504

    04 Jun 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Affidavits – Where the second applicant makes an oral application to read and file further affidavits on the second day of trial – Where the application is dismissed.

  • Kabat & Garacia [2019] FamCA 503

    03 Jun 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Adjournments – Where the applicant father was granted leave to make an oral application for an adjournment of the trial – Where the application for adjournment was dismissed.

  • Ettridge & Somers [2019] FamCA 166

    22 Mar 2019

    FAMILY LAW – PROPERTY – Enforcement – where the parties had the court appoint an agent for the sale of a real property by auction but the auction was unsuccessful – where the applicant asserts that the respondent thwarted the sale by failing to keep the property in a good order and condition – where the court finds on the evidence of the estate agent that the applicant’s evidence was unsupported and her allegations unsubstantiated – where it is important that the court control the sale of the property to enable the applicant to achieve her entitlements under the judgment – where an order for a silent auction is to occur in a private treaty marketing arrangement for the set reserve price – where if the property is not sold arising from the private treaty sale after four weeks, it be placed on the market without reserve.

    FAMILY LAW – PROPERTY – Enforcement – where the respondent asserts that the applicant had failed to carry out her duties as a trustee of a superannuation fund to get the necessary accounts in order for the purposes of enabling her to roll out her interest in the fund – where the evidence did not support such an assertion – application for such an order fails.

    FAMILY LAW – PROPERTY – Protection of applicant’s interest – where the applicant seeks the right to attend the property in which the respondent is living for the purposes of inspection – where the respondent opposes such an order and insists that any such order will lead to police intervention and potential the arrest of the applicant – where the court considers there is no basis for such an assertion and the applicant has a right to understand what condition the property is in for the purposes of a sale – where Victoria Police are to be provided with a copy of the order and a request for their assistance to attend the property with the applicant to prevent a breach of the peace.

  • Curtis & Percy and Anor [2019] FamCA 23

    23 Jan 2019

    FAMILY LAW – CHILDREN – Best interests – With whom the children live – Where the Department of Family and Community Services (NSW) intervened in the proceedings - Where the children are currently in foster care – Where the children have two older siblings in the care of the Department of Family and Community Services (NSW) – Where the father seeks sole parental responsibility and that the children live with him –Where the mother seeks sole parental responsibility and that the children live with her – Where the mother and father have criminal convictions of a violent nature – Where Apprehended Violence Orders have been made against the father for the protection of child safety officers and others – Where each of the parents present an unacceptable risk of harm to the children and neither of them have the capacity to provide adequate parenting for them – Where the Secretary for the Department of Family and Community Services (NSW) will have sole parental responsibility for the children until they attain the age of 18 years – Where the children will spend no time and have no communication with either parent.

  • Eliades & Eliades [2019] FamCA 696

    26 Sep 2019

    FAMILY LAW – PROPERTY – where the matter was undefended – where the respondent has consistently failed to participate in the proceedings – where both the applicant and the respondent have contributed to the mortgage payments and to living expenses throughout the relationship ̶ where s 75(2) factors favour the applicant – orders made for a 55/45 division in the applicant’s favour.

  • Breza & Tanenbaum and Anor [2019] FamCA 573

    21 Aug 2019

    FAMILY LAW - FAMILY LAW – PROPERTY – Where previous orders had been made – Where these orders prevented the Respondent from completing a sale of the property without notice to the Applicant - Where the Respondent proceeded to sell the property without requisite notice – Where the second respondent subsequently lodged a caveat over the property – Orders made for the second respondent to remove the caveat – Orders made for one million dollars from the proceeds of sale to be placed in a controlled monies account - Orders made for the balance of proceeds of sale to be distributed between the respondent and second respondent, or in a controlled monies account pending further order.