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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.

  • Willets & Hobbs [2017] FamCA 1068

    15 Dec 2017

    FAMILY LAW – ADOPTION – Leave to commence proceedings – Where location of the Respondent Father is unknown – Where there has been no contact with the Respondent Father for eight years – Where previous history of family violence – Where service dispensed with – Application granted.

  • Willemsen & Willemsen [2017] FamCA 1087

    21 Dec 2017

    FAMILY LAW – CHILDREN – Interim – Where there are allegations that the child aged four has been sexually abused by the father – Where the father applies for variation of interim parenting orders to reconfigure the time the child spends with him and who can supervise the child’s time with him – Finding that it is in the child’s best interests for orders to be made as sought by the father. 

  • Viney & Riley [2017] FamCA 1014

    11 Dec 2017

    FAMILY LAW – CHILDREN – Family violence – Scope of conduct constituting family violence – Characterisation of risk to the child – Whether risk substantiated – Capacity and willingness to foster a meaningful relationship between the child and each parent

    FAMILY LAW – PROPERTY – characterisation of liabilities incurred post relationship
  • Trustee of the Bankrupt Estate Of Ewing & Ewing [2017] FamCA 1042

    11 Aug 2017

    FAMILY LAW – PROCEDURAL – Whether the court should make further directions – Where the matter has been concluded – Where the Court has no jurisdiction to continue the proceedings – Costs to be paid

  • Timmons & Egan [2017] FamCA 1060

    08 Nov 2017

    FAMILY LAW – CHILDREN – where the children did not spend time with the father during holidays pursuant to orders – where the mother acknowledges the children were not provided to the father during the school holidays – where the mother misunderstood the orders – orders for make-up time.

  • Suriz & Bidal [2017] FamCA 1064

    20 Dec 2017

    FAMILY LAW – COSTS – APPLICATION FOR REVIEW OF REGISTRAR’S ORDER – Where consideration of relevant facts – Where consideration of applicable principles – Where application for costs dismissed.

  • State Central Authority & Khosla [2017] FamCA 1020

    14 Dec 2017

    FAMILY LAW – CHILD ABDUCTION – Hague Convention – Application for the return of the child to New Zealand – Where the child was removed from New Zealand, removed to India and was then removed to and retained in Australia – Where the mother concedes that the removal of the child was wrongful – Where the child has settled in Australia – Where the child  experienced an unsettled life through conflict between his parents and between his mother and extended paternal family – Whether there is a discretion to make an order for return despite the child being settled – Ordered the application is dismissed and the child should not be returned to New Zealand

  • Stapleton & Bryant [2017] FamCA 1005

    17 Nov 2017

    FAMILY LAW – CHILDREN – Final parenting orders – parental responsibility – with whom the child lives – time the child should spend with either parent – order that the child live with the mother – order that the child spend time with the father in accordance with her wishes – where the father is at liberty to email the child once per week to an agreed email account – where the presumption of equal shared parental responsibility is rebutted – order that the mother have sole parental responsibility – whether a vexatious proceedings order should be made against the father on the application of the mother pursuant to s 102QB of the Family Law Act 1975 (Cth) – application pursuant to s 102QB dismissed.

  • Richards & Hovey [2017] FamCA 1058

    19 Dec 2017

    FAMILY LAW – PROPERTY – just and equitable – where the wife seeks to receive 62.5 per cent of the property pool – where the husband seeks to receive 67 per cent of the property pool –where the husband’s initial contributions were greater than those of the wife – adjustment of 52.5/47.5 in favour of the husband in relation to contributions – where the wife has the full time care of the child of the marriage – pursuant to s 75(2) of the Family Law Act 1975 (Cth) adjustment of 10 per cent in favour of the wife – wife to receive 57.5 per cent of the property pool – where both parties seek to retain the Williamstown property – order that the wife retain the Williamstown property –payment to the wife of $40,000 made pursuant to previous orders characterised as part-property settlement.

  • Pullman & Pullman [2017] FamCA 1057

    15 Dec 2017

    FAMILY LAW – CHILDREN – INTERIM HEARING – Residence  – Where previous consent orders in place for child to live with mother and spend alternate weekend time with father – Where child has remained in father’s care since November 2017 – Where father seeks suspension of consent orders – Where father seeks sole parental responsibility and for child to live with him and spend only supervised time with mother – Where mother seeks a return of the child and for a continuation of previous consent orders – Where mother advised court she intended to move to Sydney – Where mother did not seek an interim relocation order with child – Where mother’s imminent move to Sydney renders her orders sought impossible – Where mother opposed any supervised time with child – Where child’s mental health at risk if she was to return to the mother – Where it is in the best interests for the child to live with father – Where father to have sole parental responsibility in the interim – Where child to have communication with mother – Appointment of an Independent Children’s Lawyer – Family report and psychiatric assessment to be prepared.

  • Poulos & Minton [2017] FamCA 1065

    20 Dec 2017

    FAMILY LAW – CHILDREN – contravention application filed by father – mother argues reasonable excuse – reasonable excuse found – application dismissed

  • Phe & Leng [2017] FamCA 1040

    15 Dec 2017

    FAMILY LAW – PROPERTY – FINAL – Application for an adjustment of property interests between the husband and wife – Where the parties were married for six years and have two children, aged 8 and 10 – Where the husband is resident in China and the wife resides in Australia with the children – Where the wife’s assertion that the husband owns a property in China is not established – Where the husband owes loans to his parents and other parties for legal fees – Where the primary asset of the parties is the property in Australia held in the husband’s name – Where the contributions are assessed at 60 per cent in favour of the wife – Where the s 75(2) factors favour the wife due to the care of the children and the liabilities accrued by the husband in respect of his living expenses – Orders made for the wife to receive 80 per cent of the net property pool – Orders made for the property to be sold and the proceeds disbursed accordingly.

  • Petrucci & Delos [2017] FamCA 1079

    20 Dec 2017

    FAMILY LAW – PROPERTY – Discovery – Where the husband seeks extensive discovery – Consideration of requested documents and discovery already provided by the wife – Orders made for partial discovery of documents.

  • Murdoch & Jillet [2017] FamCA 1067

    20 Dec 2017

    FAMILY LAW – CHILDREN – Further interim application to vary interim consent orders – Where no circumstances found justifying variation as sought – Where application dismissed – Where application for costs by ICL against the applicant reserved to imminent final trial.

  • Morton & Quigley [2017] FamCA 1078

    12 Dec 2017

    FAMILY LAW – CHILDREN – Final orders – parental responsibility – Where the mother seeks sole parental responsibility of the child – Where there is no appearance by or on behalf of the father – Consideration best interests to the child – Order made for the mother to have sole parental responsibility – Spend time with – Consideration of the child spending substantial and significant time with the father – Whether the father poses any physical or psychological harm to the child – Order made for no time between the child and the father.

  • Martin & Payne [2017] FamCA 1041

    18 Dec 2017

    FAMILY LAW – CHILDREN – Residence – Where mother seeks children to live with her and spend weekend and holiday time with the father – Where existing consent orders provide for this arrangement – Where father seeks children to move primarily into his care and spend weekend and holiday time with mother – Where mother has made past allegations against father in relation to sexual and physical harm towards the children – Where mother’s allegations were found unsubstantiated – Where father alleges mother poses a risk of emotional harm to the children by obstructing or failing to facilitate relationship between father and children – Where the Court is satisfied that the mother’s allegations against the father were to restrict the children’s time with the father – Where the mother’s conduct is found to comprise family violence – Where risk of future harm by mother is less than more probable than not – Where a change in the children’s primary carer would be detrimental to them – Where children are to live with mother and spend alternate weekend time and substantial holiday time with father – Where both parties seek an order for equal shared parental responsibility – Where equal shared parental responsibility found to be in children’s best interests

  • Langer & Langer [2017] FamCA 1024

    16 Dec 2017

    FAMILY LAW – INTERIM – Where the applicant seeks several interim orders, including access to funds held in trust, injunctions, child support departure and an order for disclosure by the second respondent – Where it is ordered that the second respondent provide disclosure of certain documents –  Where the application is otherwise dismissed. 

  • Khalili & Chatha [2017] FamCA 1076

    21 Dec 2017

    FAMILY LAW – CONTRAVENTION – Where final parenting orders were made in April 2016 that the children live with the mother and spend time with the father – Where the father alleges the mother has failed to facilitate his time with the children on six occasions – Where three of the six contraventions are established.

  • Khalil & Khalil [2017] FamCA 1081

    18 Dec 2017

    FAMILY LAW – CHILDREN – Parental responsibility – where the presumption of equal shared parental responsibility does not apply due to family violence perpetrated between the parties – where the parties’ relationship is too volatile for them to share the exercise of parental responsibility – where the residential parent must have exclusive parental responsibility for the children – Ordered the father shall have sole parental responsibility for the children

    FAMILY LAW – CHILDREN – With whom a child lives – where it is not possible for the children to have meaningful relationships with both parents – where the children are strongly opposed to spending time with the mother – where there are concerns regarding the mother’s ability to maintain her sobriety – where the psychological harm of reversing the children’s residence is liable to exceed the harm they suffer by staying with the father – Ordered the children shall live with the father – where no orders are made for the children to spend time or communicate with the mother

    FAMILY LAW – CHILDREN – Family violence – where both parties engaged in family violence and have criminal convictions for assaulting the other – where the children are at risk of serious psychological harm – where the mother is alleged to have sexually abused the youngest child.
  • Johnson & Charles (No 3) [2017] FamCA 1043

    19 Dec 2017

    FAMILY LAW – CHILDREN – sole parental responsibility – undermining of parental relationship by another parent – benefits of meaningful relationships with both parents – moratorium on contact

  • Jepson & Jepson and Ors [2017] FamCA 1013

    14 Dec 2017

    FAMILY LAW – PROPERTY – Interim proceedings – Where the wife previously commenced proceedings in the Supreme Court of New South Wales – Where receivers were previously appointed by the Supreme Court to facilitate the sale of former matrimonial property – Where the matter was transferred to the Family Court of Australia – Where the receivers seek orders to complete the sale of the property pursuant to a contract of sale – Where caveats have been registered on the property by a company, the husband’s mother and the wife’s former solicitors – Where the value of the property is not agreed between the parties – Where the receivers argue that the property should be sold for $4.2 million as they have been unable to sell the property at a higher price for 18 months – Where the husband, wife and third and fourth respondents seek orders that the property not be sold without the prior consent of the husband and the wife – Where the Court is not in a position to approve a sale at $4.2 million as the property has been previously valued and subject to significantly greater offers – Where the sale may have been influenced by public knowledge of the matrimonial dispute – Where valuers estimated a property value of approximately $6.1 million – Where orders are made for the property to be sold by the husband and wife with a listing price of $6.1 million.

  • Hunter & Berg [2017] FamCA 1051

    15 Dec 2017

    FAMILY LAW – CHILDREN – Undefended Hearing – Where father sought orders for equal shared parental responsibility and equal shared care – Where mother sought orders for sole parental responsibility and orders restraining the father from spending any time with the children or communicating with them – Where father discontinued his application and disengaged from proceedings – Where father has extensive history of criminal activity – Sexual abuse allegations – Where cumulative effect of father’s mental health issues, substance abuse and domestic violence history poses a real risk of harm to children – Without independent evidence, the father poses an unacceptable risk of harm to the children – Where mother to have sole parental responsibility – Where it is in the children’s best interests to spend no time with the father nor communicate with him, unless agreed to by the mother.

  • Hejiz & Hejiz [2017] FamCA 1062

    20 Dec 2017

    FAMILY LAW – PROPERTY – Injunctive relief – Sole use and occupation of matrimonial home – Relevant considerations – Wife granted sole use and occupation.

  • Hegarty & Hegarty [2017] FamCA 1074

    21 Dec 2017

    FAMILY LAW – LITIGATION FUNDING – Interim property distribution under s 79 – Where husband has not established the amount required for funding – Order made for husband to receive partial litigation funding. 

    FAMILY LAW – PRACTICE & PROCEDURE – Disclosure – Notice to produce – Where husband seeks further discovery from wife – Where order made dismissing the husband’s order sought for further discovery – Consideration of notice to produce under the Rules – Where no specific order made in respect of the notice to produce.
  • Haroldson & Haroldson [2017] FamCA 1073

    21 Dec 2017

    FAMILY LAW –CHILDREN – Interim orders – Spend time with – Where the mother seeks an increase of time with the child – Where the father is opposed – Consideration of the best interests of the child and whether the mother poses a physical or psychological risk to the child – Order made for an increase in the mother’s time with the child.

  • Ghazal & Werther [2017] FamCA 1083

    14 Dec 2017

    FAMILY LAW – CHILDREN – Jurisdiction – Appropriate forum – Where the mother and child have been resident in the provenance of Bali since 2009 – Where the father has placed the child on the airport watch list and seeks parenting proceedings be heard in Australia – Contended Australia is not the appropriate forum – Where the best interests of the child would be served by the parenting case being heard in the provenance of Bali – Father’s Initiating Application dismissed.

  • Gaddis & Gaddis [2017] FamCA 1018

    14 Dec 2017

    FAMILY LAW – CHILDREN – Best Interests – Where there are allegations of sexual abuse in the paternal household – Where those allegations were not pressed at final hearing – Where there the father and the paternal family do not pose a risk of harm to the children – Where the mother has relocated in contravention of previous court orders – Where the mother and children live a significant distance from the father – Where the mother has a substantial history of non-compliance with court orders – Where the mother has sought to undermine the children’s relationship with the father – Where the mother informed the eldest child that he was not biologically related to the father in the aftermath of separation – Where the mother has failed to facilitate the father’s time with the children in the past – Where the mother has commenced facilitating the father’s time with the children only in the five months prior to final hearing – Where the children have become involved in the parental dispute – Where the mother has indicated she will not relocate closer to the father regardless of orders made for the children’s residence – Where there is evidence the mother is unwilling to facilitate the children’s relationship with the father – Where it is in the best interests of the children to have a meaningful relationship with both parents – Orders made for the children to live with the father – Where there are practical difficulties in the children spending substantial and significant time with the mother – Orders made for the children to spend time with the mother – Where the presumption in favour of the parents equally sharing parental responsibility is not rebutted – Orders made for the parties to have equal shared parental responsibility for the children.

  • Dickson & Saller [2017] FamCA 1086

    14 Dec 2017

    FAMILY LAW – CHILDREN – INTERIM – Where parties have reached consent on a number of interim parenting orders – Where such orders accord equal shared parental responsibility to the parents for all of their children – Where a number of issues required determination.

  • Cranmer & Tiyce [2017] FamCA 1034

    07 Jul 2017

    FAMILY LAW – CHILDREN – Time the father is to spend with the child – Where the child has diagnosed ASD and developmental issues – Where the child has had limited time with the father – Best interests of the child

  • Caron & Caron [2017] FamCA 1033

    15 Dec 2017

    FAMILY LAW – CHILDREN – best interests – parental responsibility – whether the child should spend time with the father – where it is not in the best interests of the child for the parents to have equal shared parental responsibility – order that the mother have sole parental responsibility for the child – order that the child live with the mother – order that the child spend no time nor communicate with the father – Watch List order made by consent.

    FAMILY LAW – PROPERTY – small asset pool  – only non-superannuation asset of the parties is money held in the Supreme Court of Victoria – where the contributions during the marriage were equal – where the post separation contributions by the wife were greater than those of the husband – where the husband’s earning capacity is greater than that of the wife  – where the wife has the full time care of the child – section 75(2) factors favour the wife – order for the husband to indemnify the wife in respect of a credit card liability – orders by consent that the parties retain their superannuation interests – order that the entire funds held in the Supreme Court of Victoria to be released to the wife.
  • Cabano & Van Buren [2017] FamCA 1027

    18 Dec 2017

    FAMILY LAW – CHILDREN – Where a final parenting hearing was listed on an undefended basis – Where there are two children who are 16 and 14 years of age – Where the father sought to reverse the current living arrangements for the younger child or for his time with the child to be increased – Where the mother attended the hearing but declined to take a meaningful part – Where the mother announced during proceedings that both children would live with the father – Consideration of Pt VII of the Family Law Act 1975 (Cth) – Where orders are made that are substantially in terms and in the format proposed on behalf of the father.

  • Brayton & Brayton [2017] FamCA 1032

    26 Oct 2017

    FAMILY LAW – CHILDREN – Interim – Interim configuration of the time the children are to spend with each parent – Where the children have been drawn into the conflict – Where the children are spending limited time with one parent – Where there is no expert evidence to inform the Court

  • Ashley & Ashley [2017] FamCA 997

    08 Dec 2017

    FAMILY LAW – PROPERTY – Settlement in relation to marriage – Where the parties were married for approximately 26 years – Where it is just and equitable that the parties have relief under s 79 of the Family Law Act 1975 (Cth) – Where the wife argues for property to be added back to the matrimonial pool – Where it is found that the proposed add-backs cannot be sufficiently established – Where the husband asserts the parties have not fully repaid a debt to his parents – Where the Court is not satisfied that this loan should be included in the balance sheet – Where it is agreed that contributions during the marriage were equal – Consideration of adjustments under s79(4)(d) – (g) of the Family Law Act 1975 (Cth) – Where the wife has been diagnosed with cancer, the husband has a greatly superior earning capacity and the husband’s partner owns a valuable home – Where an adjustment of 10 per cent is made to the wife – Where the wife is afforded the opportunity to retain the former matrimonial home.

  • Abdou & Ahmed [2017] FamCA 1085

    21 Dec 2017

    FAMILY LAW – SPOUSAL MAINTENANCE – Where the wife seeks that the husband pay her urgent spousal maintenance under section 77 of the Family Law Act – Where the husband proposes orders for him to pay the wife spousal maintenance in a lesser amount than sought by the wife – Where there is significant dispute between the parties as to the asset pool – Where parenting proceedings are also on foot – Where the wife is unemployed – Where the parties each have the care of one child of the relationship – Where the father is employed and owns a business – Where the wife is unable to support herself – Where the husband has the capacity to pay maintenance – Where the wife is in immediate need of financial assistance – Where the husband currently pays the wife spousal maintenance – Where the expenses claimed by the wife are excessive – Where the husband currently pays the mortgage and outgoings on the former matrimonial home – Where the husband currently pays the education expenses for the children – Where it is appropriate that the husband continue to pay these expenses – Orders made.  

  • Xuarez & Vitela [2017] FamCA 1009

    27 Nov 2017

    FAMILY LAW – Interim applications filed by the applicant – application for the presiding judge to disqualify herself – application dismissed – application for leave to attend at final hearing by telephone – application dismissed.

  • Xuarez & Vitela (No 2) [2017] FamCA 1028

    30 Nov 2017

    FAMILY LAW – Where the Applicant has filed a Notice of Constitutional Matter -–Where the notice is incompetent and almost certainly frivolous – Where the Applicant seeks a stay of previous orders made – Where the applicant seeks an adjournment of the final hearing –Applications dismissed.

  • Walton & Walton (No. 2) [2017] FamCA 1012

    07 Dec 2017

    FAMILY LAW – COSTS – Costs of the Independent Children’s Lawyer – Where the Independent Children’s Lawyer applied for the father to contribute to costs of representation of two children in an interlocutory application – Where the mother is legally aided – Where the father was unemployed and relied on his parents to fund his legal costs for the application – Where contribution to the legal costs of the Independent Children’s Lawyer would cause hardship to the father – Ordered that the oral application for costs is dismissed

  • Sutcliff & Sutcliff (No. 2) [2017] FamCA 1059

    19 Dec 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – enforcement application – where the wife seeks enforcement of orders for the husband to pay her $300,000 – where the husband is in default of previous orders – where the husband has not paid the wife the amount due under previous orders – where the husband seeks an extension of time – where previous orders provide for the sale of the property if the payment was not made to the wife by the due date – orders made to implement the default provisions.

    FAMILY LAW – COSTS – order that the husband pay the wife’s costs fixed in the sum of $7,000.


  • Sully & Sully (No. 2) [2017] FamCA 1025

    15 Dec 2017

    FAMILY LAW – CHILDREN – weight to be accorded views – importance of keeping siblings together – little distinction between the parties – equal time versus eight / six division of time

  • Sendal & Curtis [2017] FamCA 1030

    09 Nov 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – De facto relationship – application for property orders filed outside the standard application period  –  leave granted pursuant to s 44(6) of the Family Law Act 1975 (Cth) – final property orders.

  • Reid & Hastings [2017] FamCA 1019

    11 Dec 2017

    FAMILY LAW – CHILDREN – REQUEST FOR INTERVENTION – Where the Department of Family and Community Services is requested to intervene in the proceedings – Where the eldest child is living in a youth refuge – Where there are concerns as to the child’s wellbeing – Where there are concerns as to whether either parent has the capacity to care for the child – Where urgent assistance is needed – Where the Department may be the only person or agency in a position to assist.  

  • Re: Kendall [2017] FamCA 999

    22 Nov 2017

    FAMILY LAW – CHILDREN – MEDICAL PROCEDURES – Where the applicant parents sought a declaration that the child is Gillick competent to consent to Phase 2 testosterone hormone therapy treatment for Gender Dysphoria – Where the child has identified as a female since a very young age – Where Phase 1 treatment in the form of pubertal blockers commenced almost two years ago – Where the child’s treating medical professionals consider the child is capable of making an informed decision about receipt of Phase 2 treatment – Declared the child is competent to consent to her administration with Phase 2 treatment for the condition known as Gender Dysphoria – Order made suppressing the identities of the parties and the publication of any information that would identify them

  • Pieters & Pieters [2017] FamCA 991

    05 Dec 2017

    FAMILY LAW – PROPERTY – where there is a modest amount of property yet significant contribution by the wife as a result of her relationship with a benefactor – where asset by asset approach is fairest – where husband desires to keep home but evidence does not support his capacity to do so.  Husband should still have opportunity to try – where parties conducted business through a trust which held significant tax losses and each party seeks them – where the home valuation of a single expert is disputed.

  • Pencious & Searle [2017] FamCA 1004

    01 Dec 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – where applicant subject to s 102QB vexatious proceedings order – where application is made for leave to file an Application in a Case for Review of decision of a Registrar– application for leave dismissed.

  • Mitchell & Mitchell (No. 4) [2017] FamCA 1044

    19 Dec 2017

    FAMILY LAW – LITIGATION FUNDING – costs order under s 117 – interim property distribution under s 79 – lump sum spousal maintenance under s 72 – INJUNCTION

  • Merrick & Merrick [2017] FamCA 1031

    30 Nov 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Adjournments – Where the Applicant made an oral application for an adjournment at the conclusion of the first day of the final hearing – Where the application is opposed – Application refused.

  • Meeks & Royce (No. 2) [2017] FamCA 1010

    07 Dec 2017

    FAMILY LAW – COSTS – Costs of the Independent Children’s Lawyer – Where the Independent Children’s Lawyer applied for the father to contribute to her costs of the five day trial - Where the mother is in receipt of a grant of Legal Aid – Where the father is not in paid employment – Where the father would suffer hardship if required to contribute to the costs of the Independent Children’s Lawyer – Where Child Support payable for the child in future would be adversely affected by an ongoing commitment to repay debt to the Legal Aid Commission – Ordered that the application for costs is dismissed

  • McFadden & Shinners (No. 2) [2017] FamCA 1055

    21 Nov 2017

    FAMILY LAW – CHILDREN – Magellan List – interim orders – orders that provide for the restoration of regular time between the child and the father – the time the child spends with the father to be supervised – order for updated family report – notation that the mother is not pursuing a finding that the father is an unacceptable risk to the child.

  • Martyn & Collins [2017] FamCA 1054

    09 Nov 2017

    FAMILY LAW – PRACTICE AND PROCEDURE - de facto relationship – application for property orders filed outside the standard application period  –  leave granted pursuant to s 44(6) of the Family Law Act 1975 (Cth) – final property orders.

  • Malcher & Malcher (No. 2) [2017] FamCA 989

    04 Dec 2017

    FAMILY LAW – CONTRAVENTION – proceedings remitted from the Full Court of the Family Court – characterisation of contraventions as more serious or less serious – where contraventions are less serious – significance of multiple contraventions – assessment of sanctions for each contravention –  assessment of total sanction in the light of combined contraventions –  entry into a bond where a person is currently overseas 

    FAMILY LAW – COSTS – significance of late application for an adjournment on costs order


  • Knill & Beckett [2017] FamCA 1023

    15 Dec 2017

    FAMILY LAW – EVIDENCE – EXPERT EVIDENCE – Role of the single expert - Application to appoint another expert witness – whether substantial body of contrary opinion exists – whether special reason exists

  • Kent & Kent (No. 4) [2017] FamCA 1053

    19 Dec 2017

    FAMILY LAW – COSTS – circumstances justify the making of an order for costs – Court persuaded that it is just for the order made to specify the amount of the costs payable – costs to be paid within 30 days of the making of final orders or the final resolution of the proceedings

  • Kanelos & Kanelos & Ors [2017] FamCA 1026

    13 Nov 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the husband, second and third respondents failed to appear – Where the wife made an application for the proceedings to continue despite the absence of those parties – Consideration of fairness – Court finds that the proceedings should continue despite the absence of the husband, second and third respondents.

  • Hurrell & Hurrell [2017] FamCA 1006

    04 Dec 2017

    FAMILY LAW – PROPERTY – SALE

    FAMILY LAW – CHILDREN – PARENTING – whom a child shall live with
  • Horrigan & Horrigan [2017] FamCA 1016

    19 Oct 2017

    FAMILY LAW – CHILDREN – Interim proceedings – Husband in his Response to an Initiating Application seeks to spend time with and communicate with the child - Orders by consent that child live with the wife – Orders by consent that the child spend time with the husband as arranged between the parties and in the event there is no agreement such time as reasonably arranged by the Children’s Contact Centre

    FAMILY LAW – PROPERTY - Spousal Maintenance – Interim proceedings - Application by wife for spousal maintenance  - Where wife has primary care of the parties’ child – Where the wife is found to be unable to support herself adequately – Where the husband has the capacity to provide financial support to the wife – Where orders are made that husband pay interim spousal maintenance to the wife

    FAMILY LAW – PROCEDURAL – Orders made for the appointment of an Independent Children’s Lawyer – Orders made for the listing of the matter for mention on a fixed date – Orders made for the provision of documents


  • Gong & Wei [2017] FamCA 1050

    19 Dec 2017

    FAMILY LAW – PROPERTY – INTERIM APPLICATION – Where wife initially sought interlocutory orders including partial property settlement, sale of property, transfer of motor vehicle to her and a child support departure order – Where husband also sought a variety of interim orders including exclusive use and occupation of a jointly owned property and the sale of another property – Where majority of the interim dispute resolved at the hearing – Where parties agreed to sell property to discharge mortgage over another existing property – Where parties agreed for the husband to pay to the wife the sum of $250,000 by way of interim property settlement – Where parties consented to husband having exclusive use and occupation of certain property –Where the contested issue remaining was an order sought by the husband permitting joint funds to be used to discharge his current child support debt to the wife – Where current child support debt was precluding him from traveling overseas to obtain necessary medical treatment – Where the sale proceeds of the joint property are to be used to discharge the husband’s child support liability to the wife.

  • Farina & Naima (No 4) [2017] FamCA 1049

    06 Dec 2017

    FAMILY LAW – CHILDREN – Agreement reached about most of the terms of final parenting Orders – resolution of outstanding issues

  • Denton & Anor & Sittichai [2017] FamCA 1002

    08 Dec 2017

    FAMILY LAW – ADOPTION – adoption by step-parent of child – leave granted to commence proceedings pursuant to Family Law Act 1975 (Cth) s 60G – application to change the surname of the child granted – order that the mother is authorised to apply to the Registrar of Births, Deaths and Marriages Victoria to register a change of the child’s name.

  • Denniston & Gustz [2017] FamCA 1003

    05 Dec 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Anton Piller Order – Significance of the disputed evidence in proceedings – Credibility evidence

  • Denniston & Gustz (No. 2) [2017] FamCA 1015

    11 Dec 2017

    FAMILY LAW – ANTON PILLER ORDER – discharging order

    FAMILY LAW – CHILDREN – PARENTAGE – application of rules of evidence


  • Demetriou & Demetriou and Ors [2017] FamCA 1021

    14 Dec 2017

    FAMILY LAW – PROPERTY – INTERIM – Where the wife seeks an interim property settlement for legal fees and other expenses – Where the husband proposes that a “dollar for dollar” order be made in relation to the wife’s legal fees – Where the husband has already spent joint matrimonial funds for legal costs – Orders made that the husband pay the wife the amount he has spent in legal fees and that thereafter a “dollar for dollar” order operate.

    FAMILY LAW – SPOUSAL MAINTENANCE – Where the wife seeks interim spousal maintenance – Where the husband has capacity to pay the amount the wife claims as her weekly expenses – Orders made for the husband to pay the wife $2,250 each week.


  • Dawson & Wright [2017] FamCA 1029

    28 Jun 2017

    FAMILY LAW – CHILDREN – Magellan List – best interests – interim parenting orders – where current orders suspend the time the children spend with the father  –  whether the father should spend time with the children – where the mother opposes that the children spend time with the father – where the Independent Children’s Lawyer seeks the children spend supervised time with the father –  where there are allegations that the father has physically abused the children – where there are allegations the father has exposed the children to sexually inappropriate behaviour – where the father denies the allegations – where the father alleges the mother has influenced and coached the children – orders made for the father to spend supervised time with the children

  • Dallas & the Director General, DCCSDS and Ors [2017] FamCA 1048

    15 Dec 2017

    FAMILY LAW – CHILDREN – Undefended Hearing – Where maternal grandmother seeks sole parental responsibility and for the child to live with her – Where the mother nor the father seek any orders – Where the department removed the child from the mother and father and placed into the care of the maternal grandmother – Where the child has been in the care of the maternal grandmother since November 2015 –Where the child has not spent time with the father since April 2016 – Where the father has not engaged in these proceedings – Where the father has likely caused emotional harm to the child –Where the mother poses a risk to the child in her sole care – Where the mother has spent time with the child supervised by the maternal grandmother – Where the department consents to the orders sought by the maternal grandmother – Where child to live with maternal grandmother and spend time and communicate with each parent as agreed by maternal grandmother and parents.

  • Cutress & Cutress (No. 2) [2017] FamCA 1022

    15 Dec 2017

    FAMILY LAW – COSTS – whether party wholly unsuccessful

  • Corelli & Beroni [2017] FamCA 1045

    15 Dec 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Legal professional privilege – Where de facto wife seeks disclosure of de facto husband’s previous solicitor’s file – Whether privilege waived – Whether conduct inconsistent with maintaining confidentiality – Whether there is any forensic unfairness to the other party in claiming privilege – Where conduct found not inconsistent with maintaining confidentiality and no forensic unfairness to the de facto wife in permitting the claim for privilege – Application dismissed.

    FAMILY LAW – PRACTICE AND PROCEDURE – Application for witness to appear at trial by telephone – Where witness’s evidence will be material in the determination of the trial –Where credibility of witness may be in issue at trial – Where it would be unjust for the witness to appear by telephone – Application dismissed.  


  • Conner & Conner and Anor [2017] FamCA 1017

    11 Dec 2017

    FAMILY LAW – PROPERTY – partial settlement – where facts are unclear although dispute is quantifiable – where an intervener has been joined but despite six months passing by, no substantive relief has been sought which makes it difficult to discern what is available for distribution – where orders should still be made.

  • Commissioner of Taxation for the Commonwealth of Australia & Hong & Anor [2017] FamCA 1046

    13 Dec 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Application for discharge of injunction preventing disposition of property pending trial.

  • Bonner & Ruskin & [2017] FamCA 1011

    07 Nov 2017

    FAMILY LAW – EVIDENCE – Expert Evidence – Where there are issues of procedural fairness as to how the first psychiatrist came to be regarded as the sole Single Expert on the issue of the mother’s mental health – Where the mother seeks leave to rely on three affidavits of a psychiatrist she procured contrary to the rules of evidence – Ordered the second psychiatrist be characterised as an expert witness, in addition to the first psychiatrist – Where the wife conceded to bear the costs of the second psychiatrist to attend court for cross-examination purposes – Ordered the two expert witnesses attend an expert conference and prepare a joint statement to be provided to the Court and to the parties