Please enter your search query in the form below to search judgments of the Family Court of Australia

using
Number of results per page:
Austlii logo

Judgments search is powered by Austlii


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.

  • Zhou & Wei [2019] FamCA 194

    02 Apr 2019

    FAMILY LAW – Interim orders – joinder of the current wife of the husband – she is a necessary party – allegation of appropriation of jointly owned money towards acquisition of a property the registered proprietor of which is the husband’s new wife – joinder order made.

  • Yalpat & Yalpat (No. 2) [2019] FamCA 171

    22 Mar 2019

    FAMILY LAW – CHILDREN – With whom a child spends time – Interim orders – Inconsistency with Family Violence Order – Handover location.

  • Tiem & Edwards [2019] FamCA 179

    21 Mar 2019

    FAMILY LAW – CHILDREN – With whom a child lives and spends time – Best interests of a child – Where a final parenting Order was made in September 2016 for the child to live with the mother and spend substantial and significant time with the father – Where the father continues to make allegations that the mother has sexually, physically, and/or emotionally abused the child – Where the mother seeks that the child live with her and spend no time with the father because he presents an unacceptable risk of harm by reason of his continued allegations against the mother – Where the Court again finds that the mother did not sexually, physically or emotionally abuse the child – Where an order for long term supervision of the father’s time with the child is not appropriate – Where the child will continue to live with the mother and spend no time and have no communication with the father other than gifts/cards on special occasions.

  • Taro & Sanders [2019] FamCA 207

    04 Mar 2019

    FAMILY LAW – CHILDREN – Where the mother seeks to discharge or set aside interim orders for the child to live with the father and spend supervised time with the mother– where the mother has filed a number of applications to this effect   where there is insufficient evidence to cause the Court to revisit the orders – order made restraining the mother from filing any further applications to set aside or vary the interim orders without leave of the Court   where the mother seeks to discharge the Independent Children’s Lawyer – application dismissed – where the mother seeks the expert evidence to be struck out – application dismissed – where a priority trial listing has already been allocated to the matter.

  • Sukovsky & Veranovsky (No. 2) [2019] FamCA 178

    25 Feb 2019

    FAMILY LAW – SECTION 106A – where wife says she will sign a settlement document but then refuses or fails to do so.  Order for the husband to sign in her name. 

    FAMILY LAW – COSTS – where the wife was on notice as to the risks of a costs order – indemnity costs ordered.
  • SCVG & KLD [2019] FamCA 165

    19 Mar 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Filing of Contravention Application – Struck out.

  • SCVG & KLD (No. 2) [2019] FamCA 245

    18 Apr 2019

    FAMILY LAW – JURISDICTION – Inherent jurisdiction – Transfer of Proceedings.

  • Penman & Morgan [2019] FamCA 146

    15 Mar 2019

    FAMILY LAW – CHILDREN – Final hearing – Where there is one child aged 13 years who is subject to the proceedings – Where the parents also  have two adult children who live with the father – Where the father seeks that the child lives with him and spends time with his mother as per his wishes – Where the mother seeks the child spends time with her on specified dates – Where each parent seeks sole parental responsibility – Where there is chronic conflict between the parents and a coping mechanism has been adopted by the child and his brothers of living with the father –  Where the experts say that the child has a positive relationship with his mother – Where the existing arrangements have been sufficient to sustain this positive relationship – Where orders are made for the child to live with his father and spend time with his mother as per his wishes – Where an order is made that the father have sole parental responsibility.

    FAMILY LAW – CHILD SUPPORT – Where the father seeks a raft of child support orders – Where the father does not identify a source of power which he contended was available to support his applications – Consideration of s 64B of the Family Law Act 1975 (Cth) – Where the father’s application is dismissed.

  • Pearson & Coli [2019] FamCA 220

    19 Feb 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Registrar – Review of decision - where leave has been granted to the wife to apply out of time for review of final property orders made by consent by a registrar of the Family Court – where orders found to be uncertain and incapable of being enforced – where wife no longer consents – orders set aside.

    FAMILY LAW – PROPERTY – Interim orders – partial property settlement – where the wife seeks partial property settlement of $400,000 to fund litigation – where both parties have substantial assets and the husband earns substantially more than the wife – where it is just and equitable to make orders for partial property settlement and there is sufficient scope for that order – application granted.

  • Narkis & Narkis [2019] FamCA 197

    05 Mar 2019

    FAMILY LAW – STAY APPLICATION PENDING APPEAL – where the wife is self-represented – Where the orders subject to the appeal were made on discretionary grounds at a time when the wife was represented by counsel – Where there is no new evidence presented – Stay principles considered – Application for the stay refused.

    FAMILY LAW – COSTS – where the husband sought costs on an indemnity basis – Where the costs should be granted in favour of the husband but not on an indemnity basis as the wife was misguided in her view about the stay – Costs fixed.

  • Narkis & Narkis (No. 3) [2019] FamCA 278

    03 Apr 2019

    FAMILY LAW – PROPERTY – where the wife did not participate in property proceedings and the court proceeded on an undefended basis – where the wife now seeks to argue that the power of the court to alter interests in property was not exhausted – consideration of the extent of the s 79 power – where the court finds that the property of the parties was dealt with by the orders and the power is therefore spent.

  • Narkis & Narkis (No. 2) [2019] FamCA 204

    03 Apr 2019

    FAMILY LAW – PROPERTY – pursuant to the previous orders the husband having power to sell three units in Suburb N – husband wants ability to sell prior to auction if a favourable offer emerges – wife opposed to anything except a public auction that is open and transparent – public auction ordered.

  • Little & Lerner [2019] FamCA 160

    20 Mar 2019

    FAMILY LAW – CHILDREN – With whom a child spends time – Best interests of a child – Where the mother seeks to alter the current parenting regime that provides for limited, supervised time with her children – Where the Court is satisfied the mother will not bring the children into contact with her former partner who is accused of grooming the parties’ daughter as well as other sexual offences against children – Where the mother’s inadequate understanding of the personality vulnerabilities that led her to maintain a relationship with her former partner despite evidence about his sexual interest in children continue to impact her ability to put the children’s best interests at the centre of her focus – Where it is not in the children’s best interests to spend unsupervised time with the mother before a trial which can test the evidence in this matter – Where the mother and the children are to continue, and the father and his partner (if she is willing) are to commence, counselling and psychological support – Where this matter is to be given priority for trial as soon as the Registrar is satisfied it is ready for trial.

  • Lilley & Jasper [2019] FamCA 170

    21 Mar 2019

    FAMILY LAW – CHILDREN – Parenting – Where the mother sought an adjournment of the final hearing – Where the mother cited reasons for application as lack of legal representation and dissatisfaction with the father’s decisions regarding the child’s health – Where the application for adjournment was dismissed – Where the mother was adequately prepared for trial and her concerns with the father’s parenting were issues to be adjudicated – Where the mother has suffered from significant mental illness – Where the parents have reached broad agreement about where the child would live – Orders for equal shared parental responsibility and the child to live with the father and spend time with the mother – Where time with the mother is to be supervised by the maternal grandparents until 2020 – Where the time with the mother, and her parental responsibility is suspended if she suffers a mental health relapse, to recommence on the advice of her treating professionals.

  • Lander & Bradbury [2019] FamCA 164

    20 Mar 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Stay Application – Bond.

  • Independent Children’s Lawyer & Grainger and Anor [2019] FamCA 224

    15 Apr 2019

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

  • Idanov & Dunstable (No. 2) [2019] FamCA 177

    15 Feb 2019

    FAMILY LAW – COSTS

  • Icarus & Arthur [2019] FamCA 222

    12 Apr 2019

    FAMILY LAW – CHILDREN – Parenting – Where primary final orders made by consent –Where discrete issues for determination – Where parties invite short reasons for judgment – Where orders made as sought by the mother and supported by the Independent Children’s Lawyer.

    FAMILY LAW – CHILDREN – INDEPENDENT CHILDREN’S LAWYER’S COSTS – Where application for costs by Independent Children’s Lawyer – Where mother has waiver as to her costs – Where consideration of applicable principles – Where father ordered to pay his contribution to Independent Children’s Lawyer’s costs on favourable terms.

  • Guild & Stasiuk [2019] FamCA 167

    22 Mar 2019

    FAMILY LAW – FINANCIAL AGREEMENT – Spousal maintenance clause – s 90E Family Law Act 1953 (Cth) – whether the words of the agreement have to be precise to exclude the spousal maintenance jurisdiction of the court.

  • Department of Child Safety, Youth and Women & Fogarty (No. 2) [2019] FamCA 184

    29 Mar 2019

    FAMILY LAW – CHILD ABDUCTION – child brought to Australia - Hague Convention – Application under the Hague Convention for the return of the child to New Zealand – Return Order made.

  • Darley & Darley [2019] FamCA 206

    05 Apr 2019

    FAMILY LAW – ORDERS – Contravention - Where the applicant alleges that the respondent has contravened Orders on ten occasions without reasonable excuse – Where the evidence fails to establish a prima facie case in relation to four of the alleged contraventions – Where one contravention is found to be proved but no sanction is imposed – Where the other five alleged contraventions are dismissed – Where the mother has filed three Applications - Contravention alleging 67 separate contraventions and only two have been proved – Where the applicant is required to show cause as to why a vexatious proceeding order should not be made against her.

    FAMILY LAW – COSTS – Where the applicant shall pay the costs of the independent children’s lawyer in the sum of $1,528 within 30 days.

  • Conrad & Conrad and Anor (No. 2) [2019] FamCA 226

    15 Apr 2019

    FAMILY LAW – COSTS – Where Judgment was delivered after trial – Where an Order of the Judgment provided for the disbursement of funds to the Applicant – Where the Respondents make applications for injunctive relief restraining the Applicant and her solicitors from dispersing any of the money to her – Where the inconvenience or prejudice that the Respondents would be likely to suffer if the injunction applications are refused outweighs the inconvenience or prejudice the Applicant would be likely to suffer – Where the Applicant is restrained from disbursing a sum of the Judgment money.

  • Chisler & Gatenby [2019] FamCA 200

    03 Apr 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Application to reopen a case following hearing and prior to the delivery of judgment – whether it is in the interests of justice to reopen the case – where the proceedings underlying the application are child related proceedings for the purposes of Division 12A of the Family Law Act 1975 (Cth) – importance of Principle 1 for an application to reopen – interests of justice and the needs of a child – impact of the proceedings upon a child – potential impacts of prolonging litigation.

  • Brivio & Brivio [2019] FamCA 151

    18 Mar 2019

    FAMILY LAW – COSTS – Where application by husband for interim costs order – Where discussion of applicable principles – Where order for interim costs in sum of $50,000.00 made.

    FAMILY LAW – SPOUSAL MAINTENANCE – Where application by husband for interim spousal support – Where consideration of applicable principles – Where Court not satisfied that husband unable to support himself adequately – Where application dismissed.

    FAMILY LAW – ADULT CHILD MAINTENANCE – Where application by husband for adult child maintenance – Where at final hearing child now living with wife – Where application dismissed.

    FAMILY LAW – INJUNCTIVE RELIEF – Where interim application by husband for injunctions restraining wife from dissipation of her assets – Where only basis for application was husband’s “concern” – Where consideration of applicable principles – Where application dismissed.

    FAMILY LAW – CHILD SUPPORT DEPARTURE – Where application by husband for child support departure – Consideration of the purposes of the statutory child support – Where consideration of section 116(1)(b) of the Child Support (Assessment) Act 1989 (Cth) – Where application dismissed.

  • Toller & Toller [2019] FamCA 159

    19 Mar 2019

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

  • Martinez & Cohen [2019] FamCA 140

    14 Mar 2019

    FAMILY LAW – DE FACTO RELATIONSHIP – Indicia of relationship – Whether de facto relationship existed.

  • Hanas & Jolaha [2019] FamCA 291

    12 Apr 2019

    FAMILY LAW – CHILDREN – With whom a child spends time – Best interests of child.

  • Collar & Beabry [2019] FamCA 156

    20 Mar 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Application for expedited hearing – Application granted.

  • Adami & Adami [2019] FamCA 162

    23 May 2019

    FAMILY LAW – PROPERTY – Interim Orders – Interim property distribution – Whether it is just and equitable – Where there is enough equity in a property to provide for any “clawback” at final settlement if necessary.

    FAMILY LAW – SPOUSAL MAINTENANCE – Factors considered – Reasonable needs of the wife – Ability of the husband to meet the reasonable needs of the wife.

  • Zan & Zaro [2019] FamCA 143

    15 Mar 2019

    FAMILY LAW – INJUNCTIONS – where the husband seeks to set aside orders made ex parte in his absence – where the Court discharges the injunctions made against the husband, where the wife is to continue to have sole use and occupation of the former matrimonial home and sole and exclusive use of a motor vehicle.

  • Paintal & Paintal [2019] FamCA 149

    18 Mar 2019

    FAMILY LAW – CHILDREN – Parenting – dispute as to time child is spending with parties – school holiday periods.

  • Milliford & Milliford [2019] FamCA 128

    11 Mar 2019

    FAMILY LAW – COSTS – Where the husband sought indemnity costs against the solicitor for the wife – Where the wife had sought a declaration that a divorce order and property orders settled by consent in 1998 were improperly obtained – Where the wife was wholly unsuccessful in her application – Where the conduct of the solicitor did not amount to a “serious dereliction of duty” – Application for indemnity costs dismissed.

  • Markell & Markell [2019] FamCA 141

    14 Mar 2019

    FAMILY LAW – PROPERTY – Where final property adjustment orders were made between the parties by consent – Where there has been default by both the parties in carrying out the obligations imposed upon them by the orders – Where both parties seek to vary the order – Where it is just and equitable to vary the orders in the form requested by the Applicant.

  • Hillam & Barret [2019] FamCA 193

    02 Apr 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Husband and wife living temporarily in State B, U.S.A. for the husband’s work – while in State B, following the breakdown of the marriage, husband and wife commenced collaborative negotiations to resolve all issues in dispute pursuant to the State B Family Collaborative Law Act – no resolution achieved.

    FAMILY LAW – PRACTICE AND PROCEDURE – Litigation commenced by wife in the Superior Court of State B at D County – that litigation not yet allocated to a judge and at embryonic phase.

    FAMILY LAW – PRIVATE INTERNATIONAL LAW – Whether State B proceeding should be stayed – whether this litigation in the Family Court of Australia is clearly inappropriate – whether Family Court of Australia will determine all issues.

    FAMILY LAW – INJUNCTIONS – ANTI SUIT INJUNCTIONS – Grounds for applying for order – detailed review of authorities.

  • Firmin & Curtin [2019] FamCA 142

    13 Feb 2019

    FAMILY LAW – CHILDREN – Parenting – Mother’s sworn evidence failure to disclose details of her proposal – Court not able to make a decision without further information.

  • Firmin & Curtin (No. 2) [2019] FamCA 225

    20 Feb 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Recusal application in a parenting matter following judge refusing to make orders as consented to by the parties – Application dismissed.

  • Exton & Fahey [2019] FamCA 161

    21 Mar 2019

    FAMILY LAW – COSTS – Costs of the Independent Children’s Lawyer – Where the Independent Children’s Lawyer applied for the parties to contribute equally to her costs of $18,152 for representing the interests of two children in a five day trial – Where both parties were self-represented at trial – Where both parties are in paid employment – Where the father is responsible for the whole financial cost of the children’s physical needs – Where the mother pays child support of $15 per month - Where payment of the full order sought would create hardship for father - Where the mother has been granted a waiver of fees by Legal Aid NSW - Ordered that the father pay to Legal Aid NSW the sum of $907, being 10 percent of the order sought within six months of the date of orders.

  • Department of Family and Community Services & Tamlin [2019] FamCA 157

    20 Mar 2019

    FAMILY LAW – CHILD ABDUCTION – Hague Convention – Where there is one child aged eight years – Where the mother removed the child from Thailand and travelled to Australia – Where it is agreed that the circumstances bring the child within the terms of the Family Law (Child Abduction Convention) Regulations 1986 (Cth) so as to require his return to Thailand – Where the only defence raised by the mother is that the child objects to returning to Thailand – Where a family report was prepared – Where the expert does not believe that the child has a strong objection to returning to Thailand and in any case does not believe that the child has the requisite maturity to understand the implications of making such a decision – Where the defence has not been made out – Where on the facts of this case the Court is satisfied that even if the defence had been made out the Court would have refused to exercise the resultant discretion to refuse to return the child to Thailand – Where an order is made for the return of the child to Thailand.

  • Chimin & Fiato [2019] FamCA 155

    20 Feb 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – application for an adjournment – application for adjournment granted.

  • Chimin & Fiato (No. 2) [2019] FamCA 183

    29 Mar 2019

    FAMILY LAW – COSTS – Application for costs certificate pursuant to s 10(3) Federal Proceedings Costs Act 1981 (Cth) – Certificate granted.

  • Bradbury & Lander (No. 3) [2019] FamCA 152

    20 Mar 2019

    FAMILY LAW – COSTS

  • Bradbury & Lander (No. 2) [2019] FamCA 145

    14 Mar 2019

    FAMILY LAW – ORDERS – Contravention of Parenting Orders – Non-Denigration Orders.

  • Berger &Tallis [2019] FamCA 154

    20 Mar 2019

    FAMILY LAW – COSTS – Where the wife seeks costs on an indemnity basis against the husband’s solicitors in the first instance – Where the wife submits the husband’s application had no reasonable prospects of success and that the husband’s conduct elongated the hearing – Where the wife made settlement offers to the husband – Where the husbands application was wholly unsuccessful – Court finds costs orders against the husband’s solicitors are not justified – Court finds an order for indemnity costs not justified – Order made for payment lump sum costs payment.

  • Belmonte & Borghi [2019] FamCA 150

    18 Mar 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – SUBPOENA OBJECTION – Application for Review of Registrar’s order – Where Registrar granted leave for access to documents produced on subpoena for which Objections were filed – Where Application for Review dismissed – Where costs reserved to final hearing.