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.

  • Taylor & Clayton (No 2) [2017] FamCA 238

    13 Apr 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – PROPERTY – Interim – Expedition – Where the husband seeks an expedition of the final property settlement proceedings – Where the husband’s application for expedition is dismissed.

  • Cord & Cord [2017] FamCA 235

    18 Apr 2017

    FAMILY LAW – EVIDENCE:  Section 69ZT(3) – Ruling – where order sought by wife involves international relocation – where there would be a significant alteration to the nature of the husband’s contact – where experts provide conclusions without factual foundations – evidence excluded – s 135 Evidence Act 1995 (Cth) – consideration of lay opinion evidence.

  • Bowen & Sawer [2017] FamCA 234

    10 Apr 2017

    FAMILY LAW – CONTRAVENTION – where father overholds child – where father claims justification for overholding is that he had already booked an interstate holiday and offered that his parents care for child – where action found to be unilateral and not a reasonable excuse – where serious breach claim rejected but compensatory time ordered.

  • Sanderson & Sanderson (No 2) [2017] FamCA 231

    13 Apr 2017

    FAMILY LAW – CHILD MAINTENANCE – Application for adult child maintenance by the wife – Where the child is the step-child of the husband – Where there was no evidence as to the considerations in s 60H, s 60L or s 60M of the Family Law Act 1975 (Cth) -  Application dismissed.

    FAMILY LAW – CHILD SUPPORT – Application for child support departure by the wife – Where the special circumstances of the case to warrant such a departure as sought by the wife in relation to periodic child support – Where the special circumstances warrant a ground for departure in relation to the child’s school fees – Where it is just and equitable to make such an order.

    FAMILY LAW – PROPERTY – INTERIM PROPERTY SETTLEMENT – Where the husband seeks that joint funds in a controlled money account be disbursed – Where in the circumstances of the case it is not possible to make any estimate of the property pool – Application dismissed.

    FAMILY LAW – PROPERTY – INTERIM ORDERS – Where both parties assert the other is not an appropriate person to manage the parties’ company – Where the only appropriate resolution is to appoint a Receiver to manage the company – Where the orders provide for the wife to nominate three potential professionals and the husband to choose one from this list.
  • Millhouse & Mullens (No 2) [2017] FamCA 230

    13 Apr 2017

    FAMILY LAW – COSTS – where the Respondent seeks costs in relation to an interim application – where such costs are sought on a party/party basis – where such costs are to be paid within 30 days of making of a final order in the property settlement proceedings.

  • Kent & Kent (No 2) [2017] FamCA 229

    13 Apr 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – STAY – Where the Husband has commenced proceedings in Papua New Guinea – Where the Husband has appealed orders restraining him from continuing proceedings in Papua New Guinea – Where the Husband seeks proceedings be stayed pending the determination of an appeal to the Full Court – Application for stay dismissed.

  • Arlington & Buzzotti [2017] FamCA 228

    13 Apr 2017

    FAMILY LAW – ENFORCEMENT – whether the Respondent should be required to pay interest

    FAMILY LAW – COSTS – where the Applicant seeks costs in relation to an interim Application.

  • Worth & Worth [2017] FamCA 227

    13 Apr 2017

    FAMILY LAW – PARENTING – Best interests – With whom the children should live – Where the father has been living in the United Kingdom for sixteen months – Where the son has autism at the extreme end of the spectrum – Where the daughter is on the autistic spectrum – Whether the children should spend increased time with the father –  Whether the mother is capable of facilitating a meaningful relationship between the father and children – Where it is in the children’s best interests for the mother to have sole parental responsibility

    FAMILY LAW – PROPERTY – Final – Just and equitable to make an adjustment of property interests – Where the parties signed a prenuptial agreement – Where the mother’s legal fees are notionally added back – Where a superannuation splitting order is made – Where an adjustment is made in favour of the mother pursuant to s 75(2)

    FAMILY LAW – CONTRAVENTION – Where the father’s Application-Contravention was heard as part of the trial – Where the mother was found to have contravened on some of the counts as alleged

  • Narkis & Narkis (No 6) [2017] FamCA 226

    13 Apr 2017

    FAMILY LAW – PROPERTY – where application proceeded on undefended basis – where the husband’s evidence was vague and incomplete – where husband was given opportunity to reopen the evidence to clarify issues but declined to do so – where the evidence supports some orders for alteration of property interests

  • Narkis & Narkis (No 5) [2017] FamCA 225

    03 Apr 2017

    FAMILY LAW – STAY PENDING APPEAL – where matter had proceeded on an undefended basis – where wife had opportunities to file material but had failed to do so – where grounds of appeal rely on procedural fairness – where child at risk – stay refused

  • Jiang & Yip[2017] FamCA 224

    13 Apr 2017

    FAMILY LAW – CHILDREN – Final orders – With whom the child shall spend time – Consideration of the rule in Rice & Asplund – Where father sought variation of his time with the child – Where mother opposed – Where father argued that court had to consider best interest of the child – Where no changed circumstances other than the usual course of events – Application dismissed.

  • Ferro & Kopel [2017] FamCA 223

    13 Apr 2017

    FAMILY LAW – CHILDREN – PARENTING – where wife wishes to relocate to Israel – where previous trial had determined parental responsibility and daily care structure for child – where issue was international relocation – where relationship of father and child was established and although likely to alter, it would not alter to the child’s detriment – relocation allowed – where husband seeks week about parenting after that issue was determined in 2016 and not the subject of appeal – no changed circumstances to justify

  • Gee & Luxford & Anor [2017] FamCA 222

    11 Apr 2017

    FAMILY LAW – PROPERTY – Where the husband and his brother, the second respondent, engaged in various property and financial ventures – Where money is found to be owing to the husband by the second respondent – Where those funds are considered assets of the husband for the purposes of his property settlement with the wife – Where the wife made contributions assessed at 60 per cent – Where the wife is entitled to a further adjustment under s 75(2) of the Family Law Act 1975 (Cth) – Where the husband has wasted funds by gambling throughout the marriage – Where the wife is to receive 65 per cent of the net assets – Where no order is made for the second respondent to repay the husband the amounts owed to him.

    FAMILY LAW – PROPERTY – Application to set aside a transfer by the husband of his interest in a property to the second respondent under s 106B of the Family Law Act 1975 (Cth) – Where it is not established that the husband or the second respondent intended to defeat an order of this court by making the transfer – Where the wife’s application is dismissed.
  • Wilton & Leary and Anor [2017] FamCA 221

    11 Apr 2017

    FAMILY LAW – CHILDREN – INTERIM ORDERS – Application by the father to suspend time with the grandparents and move with the child overseas – Where current consent orders provide for the grandparents to spend holiday time with the child – Where there is no guarantee the father would facilitate such time were the visits to take place overseas – Where there is no evidence which would allow a finding that it is in the child’s best interests to have no relationship with her maternal family – Application dismissed – Time with the grandparents in accordance with the consent orders ordered.

  • Stutchbury & Stutchbury [2017] FamCA 220

    11 Apr 2017

    FAMILY LAW – PROPERTY – Application for the husband to meet the costs of the single expert valuation report – Where there is no evidence that the husband can meet the costs – Application dismissed.

  • Rowe & Helbig [2017] FamCA 219

    11 Apr 2017

    FAMILY LAW – COSTS – Where the applicant seeks costs in relation to the substantive parenting proceedings between the parties – Where the respondent’s application was motivated by her perception of the best interests of the children – Where the respondent could not be said to have been wholly unsuccessful – Application dismissed.

    FAMILY LAW – COSTS – DISQUALIFICATION – Where the respondent sought that the judge recuse herself on the basis of apprehended bias – Where the basis of the complaint was that the judge had made findings in the substantive proceedings – No apprehension of bias in the judge hearing the costs application – Application dismissed.

    FAMILY LAW – COSTS – JURISDICTION – Where the respondent questioned the jurisdiction of the court to make a costs order – Where the respondent argued that the issue required a jury trial – No trial by jury in the Family Court – Where the respondent argued that the applicant was re-litigating the issue of costs – Where the costs of the substantive proceedings had not yet been determined and the applicant’s costs application was still on foot – The court had jurisdiction to hear the application.
  • Eccheli & Eccheli [2017] FamCA 218

    11 Apr 2017

    FAMILY LAW – PROPERTY – INTERIM PROPERTY SETTLEMENT – Where the parties have eight million dollars in a controlled money account – Where the wife seeks an interim property settlement of seven million dollars so she can buy a property – Where the wife’s monthly expenses are greater than her monthly income – Where it was not contended that the wife was likely to receive a sum less than seven million dollars in final property settlement – Where the wife consented to an order that she be restrained from seeking spousal maintenance without leave of the Court – Application allowed.

  • Hall & Hall [2017] FamCA 217

    07 Apr 2017

    FAMILY LAW – PROPERTY – interim orders – whether the Family Court has power to stay an order of costs made by the High Court – where the husband argues there is no jurisdiction to stay the operation of the costs order – where the Court has power under section 114(1) Family Law Act 1975 (Cth) to restrain the husband from taking action to enforce the payment of the costs order – where there is no evidence that the wife is compelled to repay her liabilities with any priority – where there is no good reason to restrain the husband from seeking to enforce the costs order.

  • Secretary Attorney-General’s Department & Tilson [2017] FamCA 216

    10 Apr 2017

    HAGUE – RELOCATION – Where the mother removed the child of the relationship from New Zealand without the consent of the father – Where the father seeks the child’s return to New Zealand – Where the parties have a long standing conflictual relationship – Where the mother makes allegations of family violence – Where the father denies many of the mother’s allegations – Where the father has a lengthy criminal and traffic record – Where the mother has not established the “grave risk exception” – Where the father has not been charged with any offences since the removal of the child in May 2016 and there is no evidence of continuing drug use by him – Where the application of the Secretary of the Attorney-General’s Department should be granted – Child to be returned to New Zealand forthwith.

  • Solberg & Markwell [2017] FamCA 215

    27 Mar 2017

    FAMILY LAW – PROCESS AND PROCEDURE – Terms of settlement – Application for Consent Orders

  • McDonald & Choudhary [2017] FamCA 214

    07 Apr 2017

    FAMILY LAW – CHILDREN –  With whom the children live –  Best interests of the children – allegations of physical, verbal, emotional and psychological abuse of the mother and children by the father – allegations of sexual abuse of a child by the father –  whether there is an unacceptable risk of abuse – finding on balance of probabilities no unacceptable risk of harm to the children by the father-finding of involvement of the children in the mother’s narrative of abuse – finding that children at risk of significant psychological and emotional abuse in mother’s care – benefit to the children of having a meaningful relationship with the father and mother considered – final orders made that the father have sole parental responsibility for the children and that the mother spend no time nor communicate with the children for a period of three months

  • Stankic & Cagnani and Anor [2017] FamCA 213

    10 Jan 2017

    FAMILY LAW – CHILDREN – Orders by Consent - With whom a child lives – With whom a child spends time - With whom a child communicates – Orders that children live with the mother and spend time with the father and paternal grandmother

    FAMILY LAW – CHILDREN - Orders by determination – Orders that mother have sole parental responsibility for the children – Order that father spend holiday time with the children - Injunctive orders

  • Daniels & Harris [2017] FamCA 212

    03 Apr 2017

    FAMILY LAW – CHILDREN – PARENTING

  • Ding & Ding [2017] FamCA 211

    03 Apr 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Adjournment – Case management – Further delay – Order for costs not sufficient to compensate for delay – Where the applicant wife to adjourn the final hearing – Short adjournment granted due to lateness of filing – Where the applicant wife’s application is based on her desire to call expert witnesses – Where the wife’s applications to rely on expert witnesses have been refused on two previous occasions – Where the parties had leave to seek further procedural orders and the wife had the right to interrogate the husband under Part 13 and failed to do so

  • Tallant & Kelsey [2017] FamCA 210

    07 Apr 2017

    FAMILY LAW – CHILDREN – Best interests – Whether the proposed parenting orders are in the best interests of the children – Where the father did not file any affidavits and on occasions did not appear during the final hearing – Where the parenting matter was determined on an undefended basis – Where the mother and the Independent Children’s Lawyer agreed on proposed parenting orders – Factual disputes for determination – Whether the father sexually or physically abused the children – Whether the father poses an unacceptable risk of harm to the children – Whether the father is a perpetrator of family violence – Where the Department of Family and Community Services declined to intervene in the proceedings Where the reasons for the Department declining to intervene raise concerns – Where the mother and children are Aboriginal – Where there are concerns of risk of harm to the children in the care of both parents – Where the children have been exposed to family violence perpetrated by the father – Where the children will be better protected from harm in the mother’s care if they spend no time with the father – The mother have sole parental responsibility for the children – The children live with the mother – The children spend no time with the father.

  • Sinna & Goen [2017] FamCA 209

    07 Apr 2017

    FAMILY LAW – COSTS – Application by respondent for costs at interim hearing – Application for costs as agreed or assessed – Where the applicant amended her parenting application on the day of interim hearing – Where the applicant did not press all orders sought in the amended application – Where orders made by consent were the same as orders sought by the respondent – Where the actions of the applicant rendered the hearing unnecessary – The applicant to pay the Respondent’s costs.

  • Field & Kingston [2017] FamCA 208

    07 Apr 2017

    FAMILY LAW – PROPERTY – Interim Proceedings – Where the wife seeks a certificate pursuant to section 128 of the Evidence Act – Where there is insufficient evidence in support of the application – The wife’s application be dismissed.  

  • Petchler & Dunkle [2017] FamCA 207

    07 Apr 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the mother did not attend the final trial – Where the mother’s lawyers informed the court of her refusal to participate – Where the orders sought by the father and Independent Children’s Lawyer must have been reasonably contemplated by the mother – Decided the finalisation of proceedings should not be delayed merely because the mother failed to appear

    FAMILY LAW – CHILDREN – With whom the children live – Where the children have important relationships with both parents – Where the father is not an optimum parent, but at least the child welfare authority considers the children are safe in his care and he has the superior capacity to meet the children’s needs – Where the mother admits she was told by the child welfare authority the children were “thriving” in the father’s care – Where the father realises stability for the children is now vitally important – Where the mother willingly cohabited with a man she knew was being prosecuted for sexual offences against other children and that man probably sexually abused one, if not both, of the children – Order the children live with the father

    FAMILY LAW – CHILDREN – With whom the children spend time – Where interim orders provided for the children to visit the mother several times a week – Where the mother previously indicated an intention to withdraw from the children’s lives – Where the father can decide if, when, and how the children spend time or communicate with the mother as an incident of his exclusive parental responsibility for them – No order as to time spent with the mother
  • Ding & Ding and Ors [2017] FamCA 206

    23 Mar 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Hearing – Where the applicant wife objects to the proceedings being listed for final trial – Where the wife seeks further time to value the husband’s former shareholding in a corporation – Where the wife failed to issue a subpoena on the corporation despite previously being granted leave to do so – Where the documents the wife seeks be produced on subpoena have been readily available to her for some time – Decided progression of the proceedings to trial should not be delayed any longer by the dereliction of the wife or her lawyers

    FAMILY LAW – PRACTICE AND PROCEDURE – Application to adduce expert evidence – Where the wife seeks to call expert evidence – Where her intention to adduce expert evidence ignored the preference of the Family Law Rules 2004 (Cth) for single expert evidence over adversarial expert evidence – Where leave to adduce expert evidence would delay the allocation of a trial date at consequent prejudice to the husband – Decided less prejudice flows to the wife in the appointment of an early trial date – Order the proceedings are fixed for final trial

  • Partos & Merritt [2017] FamCA 205

    07 Apr 2017

    FAMILY LAW – PARENTING – CONTRAVENTION – Where the father alleges five counts of contravention against the mother – Where the mother is found to have contravened without reasonable excuse on two counts – Where circumstances mitigate the seriousness of the contraventions

  • Department Of Family & Community Services & Arthur [2017] FamCA 204

    24 Jan 2017

    FAMILY LAW – CHILD ABDUCTION – Hague Convention – Where the substantive proceedings have been heard and orders made for the return of the child to New Zealand – Where the proceedings were adjourned in relation to the conditions of the child’s return – Where some conditions are agreed between the parties – Where there are financial and other difficulties in relation to a practicable and enforceable order for return – Orders made to give effect to the return order after conditions have been met including the provision of financial support by the father to the mother – Orders made to stay the return order until the mother’s appeal is finalised.

  • Re: Desi [2017] FamCA 203

    13 Mar 2017

    FAMILY LAW – CHILDREN – MEDICAL PROCEDURES – Where the applicants are parents of a child with gender dysphoria – Where the applicant parents seek an order that the child is competent to consent to the administration of Stage 2 treatment for the condition of gender dysphoria – Where the child is 17 years of age – Consideration of whether the child is Gillick competent – Where the child’s treating medical practitioners and parents support the child commencing Stage 2 treatment – Where each of the child’s treating medical practitioners have expressed the opinion that the child is Gillick competent and can consent to the proposed treatment – Where the Court is of the view that the child is Gillick competent and can consent to the proposed treatment – Order made that the child is competent to consent to the proposed treatment.

  • Webster & Webster [2017] FamCA 202

    20 Mar 2017

    FAMILY LAW – INTERLOCUTORY – CHILDREN – With whom the children should live – Where the children lived with the mother for nearly two years following separation, but the father then detained the eldest child – Where the father believed the mother impairs the children’s relationships with him, but they maintain close and loving relationships with him – Where, despite the father retaining the eldest child in his care, the mother continues to ensure the youngest child spends time with the father and her sibling – Where the children’s residence with the mother will likely enable the children to maintain healthy and meaningful relationships with both parents – Decided the eldest child’s best interests are promoted by an order that she live with the mother – Ordered both children live with the mother and spend “substantial and significant time” with the father

    FAMILY LAW – INTERLOCUTORY – PROPERTY – Interim distribution – Where the mother seeks a capital gains tax debt be paid from a controlled monies account – Where the father proposed a final property settlement order providing for the funds in the controlled monies account to discharge the mother’s capital gains tax liability – Ordered the capital gains tax liability be paid out of the controlled monies account
  • Finch [2017] FamCA 201

    27 Mar 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the applicant father is subject to a s 102Q vexatious proceedings order – Where an application is made for leave to file an Initiating Application for parenting matters – Where the requirements of s 102QE have not been met – Where the matters raised by the father are not new issues – Application for leave dismissed.

  • Narkis & Narkis (No 4) [2017] FamCA 200

    20 Mar 2017

    FAMILY LAW – ADJOURNMENT – requested by email on assertion of being unwell – where similar requests have been made before – where no attempt is shown to be evident of preparation for trial – where no substantive material has been filed – where no substantive response is apparent – where parenting proceeding must go ahead – application to adjourn refused – where proceeding undefended.

  • Sohrab & Bahar [2017] FamCA 199

    03 Apr 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Section 106A Family Law Act 1975 –  particular documents –  non-compliance by person seeking relief – discretionary considerations for granting relief

  • Tippett & Tippett [2017] FamCA 198

    03 Apr 2017

    FAMILY LAW – PROPERTY - Settlement in relation to marriage – Where the husband and wife were married for approximately 20 years and have two adult children – Where contributions are found to be 52.5 per cent by the husband and 47.5 per cent by the wife – Where the imbalance in contributions is as a result of the husband’s initial financial contribution – Where an adjustment of 2.5 per cent in favour of the wife is appropriate – Where it is appropriate that the overall property division is in equal proportions – Where a superannuation splitting order is made – Where orders are made to effect an equal division of property and superannuation interests.

  • Department of Family and Community Services & Watkins [2017] FamCA 197

    31 Mar 2017

    FAMILY LAW – CHILD ABDUCTION – Hague Convention – Where an Application is made for the return of a child to the United States – Where the mother relies upon Regulation 16(3)(b) to oppose the return of the child – Where the mother says she will not return to the United States – Where the mother does not establish that there are personal circumstances genuinely precluding her from returning to the United States with the child or the “grave risk” exception – Where an order is made for the return of the child to the United States – Where orders are made placing conditions upon the return order.

  • Maxfield & Eliot [2017] FamCA 196

    27 Mar 2017

    FAMILY LAW – CHILDREN – interim orders – best interests of the child – where the child spends supervised time with the father – where the father seeks unsupervised time with the child – where consideration is given to the best interest of the child – where the need to protect the child from environmental harm outweighs the benefit of the child spending unsupervised time with the father – where the application is dismissed. 

    FAMILY LAW – EVIDENCE – self-incrimination – privilege in respect of self-incrimination in other proceedings – where evidence is produced which suggests there is an investigation into the harm of a child – where the father is advised that his evidence in respect of this matter may not carry the protection of the privilege against self-incrimination – where the father does not give evidence in respect of this matter.

  • Taylor & Clayton [2017] FamCA 195

    31 Mar 2017

    FAMILY LAW – PROPERTY – MAINTENANCE – INJUNCTION – Interim – Where the parties have entered contracts to sell the matrimonial home and purchase a new property – Where the wife seeks orders requiring both parties to obtain finance and do what is otherwise necessary to complete the purchase of a new property including using the balance of monies from the sale of the former matrimonial home – Where the husband opposes the orders sought by the wife and says that he does not have the ability to finance the mortgage of the new property including the capacity to service a new borrowing – Where the husband seeks an order for the immediate sale of the new property – Where orders requiring the parties to obtain finance are made – Where the parties agree for orders to be made by way of partial property settlement, freezing of assets in the family trust and for a payment to be made in reduction of a loan of the husband – Where interim orders are made for exclusive occupation of the new property, for the regular payments of mortgage and rates on the new property, spousal maintenance, non-periodic child support and urgent period child support.

  • Mitchell & Fichte [2017] FamCA 194

    31 Mar 2017

    FAMILY LAW – CHILDREN – interim orders – with whom the children shall live – where by consent the children previously lived with the mother – where the father alleges that his consent was predicated upon the mother’s care of the children being subject of supervision – where the supervisors are no longer able to provide supervision – where regard is held to the safety and protection of the children – where the Court ordered that the children live with the father and spend supervised time with the mother each week – where there is a recovery order if the children are not delivered to the father

  • Logan & Logan and Anor [2017] FamCA 193

    27 Mar 2017

    FAMILY LAW – PROPERTY – interim orders – where intervenor liquidator seeks orders for summary judgment – where liquidator seeks summary judgment for a loan owing by a trust – where liquidator also seeks summary judgment for a loan owing by the wife – where summary judgment granted with respect to the loan owing by the trust – where trust could not claim set off as no mutuality – where trust’s case had no reasonable likelihood of success – where summary judgment dismissed with respect to loan owing by the wife – where wife’s loan may be incorrectly recorded – where wife could clarify the details and amount of the loan with further time – where summary judgment refused in respect of the loan owing by the wife

    FAMILY LAW – JURISDICTION – whether the Family Court is the appropriate forum to determine loan liabilities owing to a company in liquidation – where liquidator’s application is for summary judgment – where summary judgment is granted the liquidator must demonstrate that the wife’s case has “no reasonable likelihood of success”

  • Skipper & Skipper [2017] FamCA 192

    10 Mar 2017

    FAMILY LAW – COSTS

    FAMILY LAW – INJUNCTION - workplace

  • Lorreck & Watts [2017] FamCA 191

    30 Mar 2017

    FAMILY LAW – PRACTICE AND PROCEDURE - Change of Venue

  • Secco & Reid [2017] FamCA 189

    24 Mar 2017

    FAMILY LAW – CHILDREN - Return to Australia

  • Sakhagi & Brawn (No 2) [2017] FamCA 188

    20 Mar 2017

    FAMILY LAW – CHILDREN – final orders – ex tempore – with whom child shall live –  where parties agree to parenting arrangement by consent – consideration of whether the order is in the best interest of the child

  • Polson & Suarez and Anor [2017] FamCA 187

    10 Mar 2017

    FAMILY LAW – CHILDREN – Where the father has not been involved in the care of the child – Where the father has not engaged in these proceedings – Where the mother was granted sole custody of the child in Country E but such order was insufficient to allow the child an Australian visa – Where it is in the best interests of the child to live in Australia with his mother and siblings – Where the mother is granted sole parental responsibility for the child and the child is to live with her.

  • Sloan & Sloan [2017] FamCA 186

    27 Mar 2017

    FAMILY LAW – CHILDREN – Substantial and significant time – Where the parties agree they should have equal shared parental responsibility for the children and the children should live with the mother for not less than equal time – Where the father proposed an “equal time” arrangement – Where the interim arrangement, under which the children live with the mother and spend substantial and significant time with the father, has applied for nearly three years  –  Where the children feel emotionally closer to the mother and the Family Consultant concluded the mother is more child focussed – Where the children’s expressed views were to maintain their primary residence with the mother – Where the children were against an “equal time” arrangement and would most likely resent its implementation – Where an equal time arrangement is not in the children’s best interests – Ordered the children spend “substantial and significant time” with the father

  • Re: Mitchell [2017] FamCA 185

    27 Mar 2017

    FAMILY LAW – CHILDREN – SPECIAL MEDICAL PROCEDURE – Where the applicants are the parents of a child diagnosed with Gender Dysphoria – where the child wants to commence stage two treatment for Gender Dysphoria – determination of whether the child in Gillick competent - where the Court is satisfied that the child is competent to fully understand the nature and consequences of the proposed treatment and to make his own decisions with respect to that treatment - where the applicants have a right of reinstatement  for a declaration of Gillick competency upon the decision of the Full Court in Re Kelvin [2017] FamCA 78.

  • Narkis & Narkis (No 3) [2017] FamCA 184

    27 Mar 2017

    FAMILY LAW – CHILDREN – PARENTING – wife not participating – change of residence – husband lives in United States – child knows husband’s residence and the local school in United States – wife secretive about where child living – child 15 but views considered and outweighed by importance of a stable relationship with father – sole parental responsibility is only viable order.

  • Wills & Wills and Ors [2017] FamCA 183

    24 Mar 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the substantive proceedings involve an application to vary an order pursuant to s 79A of the Family Law Act 1975 (Cth) – where pleadings have been ordered – where the applicant requests for further and better particulars of the first respondent’s Response - whether the applicant should be made to sign an undertaking as to confidentiality prior to disclosure of a document by the third respondent and others

  • Department of Health and Human Services & Singhe [2017] FamCA 182

    16 Mar 2017

    FAMILY LAW – INJUNCTION

  • Soldo & Soldo [2017] FamCA 181

    24 Mar 2017

    FAMILY LAW – PROPERTY –  Injunctions-where the wife has sought the husband be restrained from dealing with sale proceeds of property and altering the corporate structure of companies – where the husband has removed the wife as a director of companies – where the wife has sought the husband inform her before dealing with sale proceeds – where the Court is not satisfied an injunction is necessary – where there is no risk of disposal of property to defeat judgment – no orders made for sole use of former matrimonial home or spousal maintenance where wife in occupation of property to the exclusion of the husband and she and the children financially supported by the husband – future conduct of proceedings – where procedural orders sought by wife found are premature.

  • Lowell & Jordan [2017] FamCA 180

    24 Mar 2017

    FAMILY LAW – CHILDREN – PARENTING – Where substantive parenting orders have been made – Where only discrete issues left for determination – Where there are accusations of sexual abuse by the paternal grandmother – Where the mother proposes the paternal grandmother’s time with the child be in the presence of another adult indefinitely – Where the mother proposes an order for care of the child when one parent is not available – Where the parents propose the child’s surname be hyphenated – Where the parents cannot agree on the order of the surnames – Where the paternal grandmother does not pose an unacceptable risk of harm to the child – Where the orders sought by the mother are impractical – Where the child’s surname should be hyphenated – Application for orders sought by the mother is dismissed.

  • Saller & Danell [2017] FamCA 161

    16 Mar 2017

    FAMILY LAW – CHILDREN – where there are serious allegations of family violence – where the mother alleges that the father was violent to her – where the mother alleges that the father engages in acts of family violence and sexualised conduct towards the children – whether the father has taken inappropriate photos of the children – credibility of witnesses – whether there is unacceptable risk of harm –  where there is a meaningful relationship between each parent and each child – consideration of the parenting arrangements that would be in the best interests of the children – whether the presumption of equal shared parental responsibility applies.

    FAMILY LAW – PROPERTY – DE FACTO RELATIONSHIP – consideration of the parties’ existing legal and equitable interests in property – consideration of whether each party made direct or indirect contributions towards the property pool – whether it is appropriate to make an adjustment of the parties property interests having regard to the matters as set out in s 90SF(3) of the Family Law Act 1975 (Cth) – consideration of what orders would be just and equitable.

  • Atkins & Hunt [2017] FamCA 179

    24 Mar 2017

    FAMILY LAW – SPOUSAL MAINTENANCE – INTERIM PROCEEDINGS – Application by the wife for spousal maintenance – Application opposed by the husband – Consideration of the elements of s 72(1) of the Family Law Act 1975 (Cth) – Where the wife is not able to support herself – Where the husband has substantial income from directors’ fees and a superannuation fund – Where the husband is found to have a capacity to pay spousal maintenance –Application for lump sum payment dismissed – Orders made for the husband to pay the wife periodic spousal maintenance.

  • Sakhagi & Brawn [2017] FamCA 178

    23 Mar 2017

    FAMILY LAW – CHILDREN – final orders – change of name – where the mother seeks to change the child’s surname to the mother’s maiden name – where the child has been known socially by the mother’s maiden name – where the father opposes the change of name – where the father contends that the child should be known by her legal name to avoid confusion – where the best interests of the child are considered – where leave is granted to change the child’s surname

  • Newport & Newport and Ors [2017] FamCA 177

    16 Mar 2017

    FAMILY LAW – PROPERTY – INTERIM PROCEEDINGS – Where the wife seeks an order that the husband and the second respondents sign authorities to enable her to obtain documentation currently held by the Australian Taxation Office – Whether the information sought by the wife from the Australian Taxation Office is of relevance to the issues in dispute – Where such documents are of relevance to the proceedings – Orders made in the terms sought by the wife.

    FAMILY LAW – PROPERTY – INTERIM PROCEEDINGS – Where the wife seeks an interim injunction to restrain the husband and second respondents from dealing with the interests of two businesses – Where the wife asserts that there is a  risk that the husband and second respondents may deal with their business interests in a manner that diminishes or disperses matrimonial property – Whether the injunction sought should be made – Where there is a real risk that funds from the music businesses may be applied and disbursed prior to the final hearing – Where appropriate for injunction to be granted.
  • Guan & Abbadi [2017] FamCA 176

    13 Feb 2017

    FAMILY LAW – CONTRAVENTION – Application by the mother alleging that the father has contravened an Order to do all things necessary to return the child to Australia – Where this contravention is declared to be a more serious contravention – Where the mother has established the contravention beyond reasonable doubt – Where the father has failed to prove, on the balance of probabilities, that he had a reasonable excuse for contravening the Orders – Where the matter is adjourned to a set date to consider the issue of penalty.

  • Baumann and Ors & Rushbrooke and Anor [2017] FamCA 175

    23 Mar 2017

    FAMILY LAW – COSTS – Where the applicant and the applicant companies seek their costs in complying with subpoenas previously subject to objections – Where the second respondent joins the application for costs against the first respondent – Where the first respondent opposes the costs application and seeks costs against the applicant, applicant companies and second respondent – Consideration of section 117(2A) - Where it is found that no party was wholly unsuccessful – Where the applications for costs are dismissed – Where the first respondent is ordered to pay the reasonable expenses of the applicant and applicant companies in complying with the subpoenas.

  • Michaelson & Michaelson [2017] FamCA 174

    23 Mar 2017

    FAMILY LAW – CHILDREN - Best interests – Where the children express a strong desire not to spend time with the father – Where the children’s wishes are given significant weight given their expressed wishes and maturity - Where the father has demonstrated a lack of insight into how his behaviour affects the children – Whether the mother should be allowed to relocate to the United Kingdom with the children – Where the children express a desire to relocate with the mother – Where the application for international relocation is granted – Where the children shall spend time and communicate with the father upon their request.

  • Tanner & Tanner [2017] FamCA 173

    22 Mar 2017

    FAMILY LAW – CHILDREN – Interim hearing – Best interests of the child considered – Where there are significant mental health concerns regarding the father – Where the father is currently spending supervised time with the child – Where there are significant factual disputes – Where the evidence needs to be tested at final hearing – Where the Single Expert raises concerns about the father’s parenting capacity – Where protecting the child from harm takes precedence – The child to live with the mother – The child to continue to spend supervised time with the father

  • Tamal & Semak [2017] FamCA 172

    22 Mar 2017

    FAMILY LAW – INTERIM PARENTING – Best interests of the children – Family violence – Where the father has pleaded guilty to assaulting the mother – Where the father unilaterally removed two of the children to Lebanon – Where the father refuses to return the youngest child to Australia – Where the mother has not seen the youngest child for over two years – Where the paternal family was complicit in the removal of the children – The mother have sole parental responsibility for the children – The children live with the mother – The children to spend time with the father as agreed – The children be placed on the airport watch list – The father be restrained from leaving Australia – The father to return the youngest child to Australia – Recovery order issued 

  • Hollings & Green [2017] FamCA 171

    22 Mar 2017

    FAMILY LAW – CHILDREN – PARENTING – Best Interests of the children – Where parenting orders have been made by consent as to substantive issues – Where a discrete issue as to the children’s sporting activities remains to be determined – Where the minimisation of parental conflict is a significant consideration – Where each party should be able to engage the children in activities during their time – Order made by consent that the parents be at liberty to attend important activities regarding the children.

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

  • Egan & Egan [2017] FamCA 170

    16 Mar 2017

    FAMILY LAW - CHILDREN – Where the father seeks mid-week time during school term – Where the mother resists an order for mid-week time – Where there is an order for equal shared parental responsibility – Where the provisions of ss 65DAA(2) are enlivened – What the word “consider” means – Whether the statement in Goode & Goode at [64] survives the statement by the High Court in Bondelmonte v Bondelmonte at [43] – Where it is proper to make an order for mid-week time.

  • Cummins & Creighton [2017] FamCA 169

    22 Mar 2017

    FAMILY LAW – PROPERTY – Interim proceedings – Whether it is appropriate to make interim orders – Where the asset pool reasonably well identified – Where husband agrees to wife selling particular personalty and where wife seeks same order in the alternative – Where no identifiable cash pool from which provision could be made – Where discussion of general principles – Where appropriate to make order for interim distribution of property – Where appropriate to make orders preserving other items of personalty

  • Cortese & Cortese [2017] FamCA 168

    22 Mar 2017

    FAMILY LAW – CHILDREN – INTERIM ORDERS – Application by the mother to vary final parenting orders due to a change in circumstances – Where it is in the best interests of the children to vary the parenting orders – Where interim orders are made for the children to be enrolled at a school close to their residence and for the father to spend time with the children each alternate weekend.

  • Busoni & Busoni [2017] FamCA 167

    22 Mar 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – COSTS – Where costs for two interim applications sought by the applicant – Where the applications by the applicant were necessitated by the conduct of the respondent – Where the applicant had no alternative but to make the applications – Where there are justifiable circumstances to make an order for costs – The respondent pay the applicant’s costs as agreed or on a party/party basis.

  • Spiteri & Walker [2017] FamCA 166

    22 Mar 2017

    FAMILY LAW – CONTRAVENTION – Where Contravention Applications were made by both the mother and father alleging contraventions against the other of parenting orders – Where the applications were withdrawn.

    FAMILY LAW – VEXATIOUS LITIGANTS – Where the mother is found to have instituted proceedings without reasonable grounds – Where it is ordered that the mother be restrained from filing any further contravention application without leave of the Court.
  • Westwell and Anor & Westwell [2017] FamCA 165

    20 Mar 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – appointment of case guardian – not heard

  • Dishi & Dishi [2017] FamCA 164

    21 Mar 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Reserved interim property – Application to re-open – land tax liability – where it is in the interests of justice to re-open

    FAMILY LAW – PROPERTY – Fund for litigation – Controlled monies – where the husband is in a relatively stronger financial position than the wife – where the wife has an inability to meet her litigation costs – where a litigation funding order by way of interim property division is appropriate – where there is an interim property settlement in the wife’s favour
  • Yates & Wilcox and Ors [2017] FamCA 163

    21 Mar 2017

    FAMILY LAW – PROPERTY SETTLEMENT – Where the spouses agreed it would be just and equitable for their property interests to be adjusted – Where both spouses urged that their superannuation interests be treated as property – Where the wife’s greater capital contributions and greater income during the marriage are offset by the husband’s infusion of capital from an inheritance – Where the husband expects to generate substantial income upon the completion of a commercial development project in the near future – Where an adjustment of five per cent in favour of the wife would represent one-third of the least amount the husband expects to receive from the development project – Ordered five per cent adjustment in favour of the wife

    FAMILY LAW – PROPERTY – Value of property – Where the spouses failed to settle a joint balance sheet – Where the spouses’ attempts to audit the monetary transactions between them and their corporate entities was misguided – Decided finding are made on the best evidence available – Decided the property adjustment process calls for a discretionary and holistic value judgment
  • Re: Quin (No 2) [2017] FamCA 162

    21 Mar 2017

    FAMILY LAW – CHILDREN – GENDER DYSPHORIA – Application for Stage 2 hormone treatment – Where the child is Gillick competent – Orders made for Stage 2 treatment to commence.

  • Lorde & Chu [2017] FamCA 160

    20 Mar 2017

    FAMILY LAW – CHILDREN – Child related proceedings – Evidence

  • Chalmers & Ting [2017] FamCA 159

    17 Mar 2017

    FAMILY LAW – CHILDREN – interim orders – whether children should spend more time with the mother – where the three children live with the father – where two children spend unsupervised time with the mother each week – where one child spends supervised time with the mother each week – where significant weight was given to the Family Report – where primary consideration was to protect the children from harm – where secondary considerations were views of the children and the benefit of the children having a meaningful relationship with the mother – where Court ordered all children have unsupervised time and further time with mother

  • Fulton & Cardona [2017] FamCA 158

    17 Mar 2017

    FAMILY LAW – CHILDREN – PARENTAL RESPONSIBILITY – Where the father seeks that the parties have equal shared parental responsibility for the child – Where there are allegations of family violence – Where the presumption against equal shared parental responsibility has been rebutted – Consideration of s 60CC factors – Where the child is aged 15 years and holds strong views that the father not be involved in her life – Where the child’s views are given substantial weight – Where an order is made for the mother to have sole parental responsibility.

    FAMILY LAW – PROPERTY SETTLEMENT – Where the husband and wife’s contributions are assessed at being equal – Where the husband was out of employment for a number of years due to injury – Consideration of s 75(2) factors – Where the wife alleges that matrimonial funds were wasted by the husband – Where the wife has primary care of the parties’ child – Where a 7.5 per cent adjustment is made in favour of the wife – Where the husband is given the opportunity to buy out the wife’s share in the former matrimonial home. 


  • Myles & Tolman [2017] FamCA 157

    17 Mar 2017

    FAMILY LAW – SUPERANNUATION – where parties’ property settlement took place in 1998 before a Registrar –whether the Court had power under the Family Law Act 1975 (Cth) to extend time to enable a review of the exercise of power by the Registrar – where the Court considered if an extension of time would afford justice between the parties – where an extension of time was granted – a splitting order was made

  • Tredrea & Geller and Ors [2017] FamCA 156

    17 Mar 2017

    FAMILY LAW – COSTS – where the respondents seek costs against the applicant – where the respondents further seek costs on an indemnity basis – where the applicant opposes an order for costs – where consideration is given to the circumstances in which indemnity costs are awarded – where the Court held the applicant was not frivolous, malicious or vexatious and the proceedings were not beyond that which is experienced in this Court on a regular basis – where party/party costs awarded in favour of the respondents

  • Re: Daniel [2017] FamCA 155

    17 Mar 2017

    FAMILY LAW – CHILDREN – SPECIAL MEDICAL PROCEDURE – Where the applicant is the mother of a child diagnosed with Gender Dysphoria – where the mother seeks a declaration that the child is Gillick competent – where the court authorises the child to make his own decision in relation to stage two hormonal treatment  – where the application for a declaration of Gillick competency is dismissed with a right of reinstatement upon the decision of the Full Court in Re Kelvin [2017] FamCA 78

  • Heston & Norton and Ors [2017] FamCA 154

    17 Mar 2017

    FAMILY LAW – CHILDREN - With whom children live – Where the mother makes allegations of significant family violence and of rape against the first and second respondents – Where the allegations are fabricated - Where the mother and the second respondent carried on a secret relationship that produced two of the children – Where the three children all believe they are the biological children of the first respondent – Where the children’s primary bond is with the mother - Where the mother is unable to foster a relationship between the children and the paternal family – Where the mother poses an unacceptable risk of serious psychological harm to the children – Where the children are to live with the first respondent and spend supervised time with the mother until 2019 – Where the first respondent has sole parental responsibility for the children.

  • Bloomfield & Grainger and Anor (No 2) [2017] FamCA 153

    15 Mar 2017

    FAMILY LAW – COSTS - where the Applicant seeks costs in relation to an interim Application – where such costs are reserved to the trial Judge.

  • Beach & Watson [2017] FamCA 151

    15 Mar 2017

    FAMILY LAW – PARENTING – Application by the father to spend unsupervised and overnight time with the child – Where the father seeks equal shared parental responsibility – Where the mother opposes the father’s application and seeks that he spend only supervised time with the child and seeks sole parental responsibility – Where there are previous unsubstantiated allegations of sexual abuse by the father against his children from a previous relationship – Where orders are made for the child to spend time with the father in a gradually increasing arrangement to conclude in unsupervised time – Where no orders were made for the child to spend overnight time with the father – Where orders are made for the mother to have sole parental responsibility.

  • Wilton & Leary and Anor [2016] FamCA 1168

    05 Dec 2016

    FAMILY LAW – CHILDREN – BEST INTERESTS – Interim – Application by the father to suspend final orders made by consent – Where the proceedings are between the father and the maternal grandparents – Where the child’s biological mother is deceased – Where the substantive proceedings involve an application by the father to relocate overseas – Where the Court is not persuaded that there is enough evidence to justify an interference with the orders.

  • Colgan & Colgan [2016] FamCA 1167

    21 Oct 2016

    FAMILY LAW – PROPERTY – Settlement in relation to marriage – Interim – Application by the husband to withdraw $50 0000 from a controlled monies account – Where the wife seeks that the husband’s application be dismissed – Where each of the parties made substantial contributions – Where there is a pool of available property out of which a further order could be made – Where the husband is not employed – Where the Court is not confident that the sum sought by the husband is not going to compromise the wife’s substantive claim – Order made that the husband have leave to withdraw $25,000 from a controlled monies account with such payment to be categorised as partial property settlement.

  • Gladstone & Gladstone [2016] FamCA 1166

    09 Dec 2016

    FAMILY LAW – CHILDREN – PARENTING – Where the mother wishes to suspend time between the child and the father – Where it is asserted the child is suffering from anxiety and depression  - Where each of the parties seeks various restraining orders against each other and against the wife’s partner – Where the mother seeks to remove the child from Australia during the Christmas holiday period – Where such time falls within the father’s time with the child