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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.

  • Tailor & Tailor [2019] FamCA 383

    02 Jul 2019

    FAMILY LAW – PROPERTY – injunctive relief – where the husband seeks orders on an interim basis for sole use and occupation of a home owned by him in which the parties have resided – where the wife opposes the application and says that the parties can continue to reside together – where there are no children of the marriage – where there is alternative accommodation available to the wife – where the husband is elderly and in poor health – where the wife has obtained an intervention order against the husband – orders for the husband to have sole use and occupation of the home.

    FAMILY LAW – PROPERTY – injunctive relief – where the wife has lodged a caveat on title to the property owned by the husband – where the wife claims a caveatable interest in the property based on an alleged interest as beneficiary under a constructive trust arising from breach of contract for mutual wills – where husband seeks mandatory injunction requiring the wife to remove the caveat – accrued jurisdiction to order removal of caveat – orders for wife to remove caveat lodged on title to the property.


  • Grist & Grist [2019] FamCA 237

    17 Apr 2019

    FAMILY LAW – CHILDREN – Residence – where the children are ordered to live with the mother – where the children are ordered to initially spend supervised time with the father progressing to alternate weekend unsupervised time – where each child has the opportunity to spend special one on one time with the father – where a gradual change to more time with the father will balance the risks and benefits of the united wish of the children to spend more time including overnight time – where all of the children have needs that require special consideration and management – where the children have been exposed to family violence particularly abusive language and aggression by the father – where the mother has been impaired by mental illness and the father by emotional absence due to alcohol dependence – where upon separation the children were taken into the care of the Department of Family and Community Services for a short period due to a serious incident involving the father and children – where this incident had powerfully adverse consequences for the children – where the mother’s mental health significantly deteriorated – where the children currently have meaningful relationships with both parents – where both parents are presently able to meet the emotional and intellectual needs of the children – where both parents have better moved to take care of themselves and thus are now better placed to care for and guide the children.

    FAMILY LAW – CHILDREN – Parental Responsibility – where the parties have equal shared parental responsibility – where there is evidence given of family violence that rebuts the presumption – where the Court is at large to make an order for sole parental responsibility if the evidence rebuts the presumption but is not compelled to do so – where there is a benefit for both parents to participate in the decision making of the children – where the turning point in allocating parental responsibility was the mental health of the mother – where the evidence supports a finding that the mother’s mental health has significantly improved to the extent that she will be able to tolerate making decisions jointly with the father.

    FAMILY LAW – PROPERTY SETTLEMENT – where it is just and equitable to make an alteration of property interests – where there is an adjustment of current interests to reflect past contributions and future needs – where the former matrimonial home will be sold – where a superannuation split is ordered in accordance with s 90K – where both parties are beneficiaries of a superannuation split – where both parties worked throughout the relationship and contributed to the asset pool – where a greater adjustment is made in favour of the wife taking into account the disparity of income and the need for the wife to work around the school and medical needs of the children.

  • Gatenby & Chisler [2019] FamCA 328

    17 May 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Reopening of proceedings – Refused.

  • Gadhavi & Gadhavi [2019] FamCA 326

    25 Mar 2019

    FAMILY LAW – CHILDREN – Where the wife seeks sole parental responsibility – Where the husband seeks equal shared parental responsibility – Where there are serious allegations of family violence made against the husband by the wife and child – Where the child is 16 years of age –Where the child’s view is that she does not want to spend time with the husband – Where the Court gave consideration to the views of the child – Orders made for the wife to have sole parental responsibility pending further order – Child to live with the wife – No order for time with the husband – Orders made to restrain the husband from contacting or communicating with the child through any means.

    FAMILY LAW – INJUNCTION – Where the wife seeks an order for exclusive occupation of the former matrimonial home – Where the wife seeks various injunctions to give effect to the exclusion of the husband from the home – Where at the time of separation the wife was living in the home with the child and the husband was away from the home – Where there is considerable dysfunction and conflict between the parties – Where it was not reasonable, sensible or practicable that the parties be required to live together – Orders made for the wife to have exclusive occupancy of the home – Orders made for the husband to be restrained from attending the property or approaching or communicating with the wife or child.

  • Fabiana & Becca [2019] FamCA 341

    18 Apr 2019

    FAMILY LAW – PROPERTY – Interim application – Where the Applicant asserts that the parties were in a de facto relationship – Where the Applicant seeks periodic and lump sum spousal maintenance – Where the Applicant seeks that the Respondent indemnify her against the parties’ joint and several debts – Where the Applicant seeks that a litigation funding order be made – Application dismissed.

  • Darley & Darley [2019] FamCA 348

    02 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.

  • Cowden & Cowden [2019] FamCA 307

    15 May 2019

    FAMILY LAW – PROPERTY – Interim distribution – Where the wife seeks orders for interim distribution of property – Where the wife seeks valuation of the parties’ property – Where the parties cannot agree a value – Orders.

    FAMILY LAW – SPOUSAL MAINTENANCE – Factors considered – Orders.

  • Cornett & Hext [2019] FamCA 235

    17 Apr 2019

    FAMILY LAW – CHILDREN – Consideration of the length of supervised time the mother should spend with three young children, in the context of allegations of risk and a developing relationship between the mother and a four year old child, whether orders should be made restraining the husband’s partner and her child from spending time with the children.

  • Coles & Coles [2019] FamCA 367

    06 Jun 2019

    FAMILY LAW – CHILDREN – Where 15 year old child expresses a wish to not have specific orders for time with the father – Child’s wishes respected - No specific order for time with father.

    FAMILY LAW – SPOUSAL MAINTENANCE – Whether the wife is a spouse in need – Spousal maintenance ordered.

  • Burns & Sellers [2019] FamCA 322

    18 Jan 2019

    FAMILY LAW – INJUNCTION – where the husband seeks an adjournment on the basis that he has not been served with the Application in a Case – where the husband’s adjournment application was dismissed – where the husband has engaged in excessive and offensive communication with the wife’s lawyer – where an injunction is granted under s 114 of the Family Law Act 1975 to limit the husband’s communication with the wife’s lawyer.

  • Benson & Higgins [2019] FamCA 331

    15 Jan 2019

    FAMILY LAW – CHILDREN – PARENTING – Contravention – Where orders were made after trial for the child to spend time with her father – Where the father alleges the mother contravened the orders – Where the mother submitted that the child’s experiences whilst in the father’s care were the reason for her contraventions – Where the mother had a reasonable excuse for contravening the orders – Where the parenting orders in place are varied to not require the child to spend time with her father.

  • Behn & Ziomek [2019] FamCA 298

    10 May 2019

    FAMILY LAW – CHILDREN – Best interests – With whom the child lives – With whom the child spends time – Where the mother seeks orders that the child live with her and spend no time with the father – Where the mother seeks orders that she be permitted to relocate the child’s residence to Germany – Where the father seeks orders that the child live with him and spend time with the mother – Where the Independent Children’s Lawyer seeks orders that the child live with the mother and spend time with the father – Where the father has been found guilty of assaulting the child on two occasions – Where the father has not spent time with the child since January 2018 – Court finds that the father has perpetrated acts of family violence as against the mother and the child – Court finds that the father poses an unacceptable risk to the child if their time together is not professionally supervised – Court finds that the mother has made appropriate preparations for the potential relocation of the child to Germany – Court finds that the child’s best interests favour the mother being permitted to relocate the child to Germany – Orders made for the mother to have sole parental responsibility for the child – Orders made for the child to live with the mother in Germany – Orders made for the child to spend supervised time with the father.

  • Wortham & Wortham [2019] FamCA 281

    03 May 2019

    FAMILY LAW – CHILDREN – With whom a child lives and spends time – Where the children have not had physical contact with the mother for three years – Where the father asserts that the mother presents as an unacceptable risk to the children – Where the mother seeks that the children spend equal time with the parties – Where the father seeks that any time the mother spends with the children be subject to supervision – Where the children have expressed a strong desire to see their mother – Where the family consultant supports a resumption in the mother’s time with the children – Orders made.

  • Witherspoon & Kimberly [2019] FamCA 280

    03 May 2019

    FAMILY LAW – CHILDREN – With whom a child lives – Best interests of a child – Where the father seeks sole parental responsibility, that the child be removed from the mother’s care to live with him and spend time with the mother after a six month moratorium – Where the mother seeks sole parental responsibility, that the child live with her and spend no time with the father – Where the mother alleges that the father has sexually abused the child – Where the Court finds that the father did not sexually abuse the child – Where the mother is the child’s primary attachment figure and the child will be significantly traumatised and at risk of self-harm if removed from her mother’s care – Where the father does not have the capacity to manage the trauma the child will experience – Where the risk of harm posed by removing the child from the mother’s care outweighs the risk of harm posed by her remaining in the mother’s care – Where the child will live with the mother.

  • Tothill & Crowther [2019] FamCA 191

    29 Mar 2019

    FAMILY LAW – CHILDREN – Recovery Order – Child to be returned to the care of the father.

  • Tothill & Crowther (No. 2) [2019] FamCA 276

    03 May 2019

    FAMILY LAW – COURTS AND JUDGES – Recusal application – Disqualification – Apprehension of Bias – Application of the two-step test in disqualification applications on the ground of apprehended bias – Interim parenting decision – Application dismissed.

  • Pender & Percival [2019] FamCA 303

    14 May 2019

    FAMILY LAW – CHILDREN – Final parenting proceedings

    FAMILY LAW – BEST INTERESTS OF CHILDREN – Where the Mother seeks an order for sole parental responsibility – Where Father perpetrated significant family violence – Where lethality of family violence combined with future risk of re-offending strongly indicate no benefit to children of maintaining a relationship with the offending parent – where the primary considerations outweigh any consideration of section 60CC(3) considerations.

    FAMILY LAW – PARENTAL RESPONSIBILITY – Mother allocated sole parental responsibility for the children – Where children to live with Mother – Where the children to have no time or contact with the Father.

    FAMILY LAW – INJUNCTIONS – Restraint.

  • Nabizada & Sohrabi [2019] FamCA 289

    10 Apr 2019

    FAMILY LAW – CHILDREN – Undefended hearing – Where it is not disputed that the children should live with the mother – Where the father seeks and the mother opposes him having equal shared parental responsibility – Where there are serious allegations of abuse against the father – Where the mother seeks that the children spend no time with the father – Where the Court makes orders that prioritise the children’s safety over enhancing or maintaining a relationship between the children and father – Sole parental responsibility to the mother – No time with the father – Father restrained from contacting the mother or the children by any means whatsoever – Airport Watchlist Order made – Children’s names to remain on the Watchlist until they turn 18.

  • Grohl & Acland [2019] FamCA 261

    26 Apr 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – INJUNCTIONS AS TO PROPERTY – Where application for injunctions and ancillary orders restraining husband from dealing with property – Where previous order made by consent that the husband give six weeks’ notice of any intention to deal with the property – Discussion of applicable principles – Where no proper basis for injunction – Where previous orders continued.

  • El Rashidy & El Rashidy [2019] FamCA 209

    09 Apr 2019

    FAMILY LAW – PROPERTY – Interlocutory proceeding – partial property settlement – sale of assets – trial to commence in two months’ time.

  • Delahunty & Delahunty [2019] FamCA 304

    14 May 2019

    FAMILY LAW – CONTRAVENTION – Where the father alleges that the mother contravened parenting Orders reached by consent on five occasions – Where the mother denies contravening on four occasions and asserts she had a “reasonable excuse” for contravening on the other occasion – Where the mother is found to have contravened parenting Orders by not doing all she reasonably could to discharge her obligations of compliance with the Orders on three occasions and there was no contravention on the other two occasions – Where the mother is ordered to pay the father’s flight costs in respect of the three successful contraventions and make-up time is ordered.

  • Davis & Hadlow [2019] FamCA 282

    02 May 2019

    FAMILY LAW – ORDERS – Contravention – Where the mother asserts the father has contravened orders by failing to complete the enrolment process at a Children’s Contact Service as ordered – Where the father does not admit the contravention – Where the father understood the obligation and had commenced the process of enrolment – Where the father did not complete the last step of the enrolment process due to a clash with his personal commitments – Contravention proved.

  • Davis & Hadlow (No. 3) [2019] FamCA 316

    21 May 2019

    FAMILY LAW – ORDERS – Contravention – Where contravention proven – Consideration as to penalty – Whether to impose penalty for a less serious contravention – Where the mother does not seek a penalty – No orders as to penalty or costs.

  • Davis & Hadlow (No. 2) [2019] FamCA 283

    02 May 2019

    FAMILY LAW – ORDERS – Variation – Where the parties are unable to agree on a location for handover of the subject child – Where the dispute is related to the convenience of the parties – Where the contact service is unable to facilitate handover on one of the two days – Where there should be consistency in the arrangements for the child.

  • Corey & Jebbett [2019] FamCA 302

    04 Feb 2019

    FAMILY LAW – LEGAL AID – where the Court endorsed the father’s request for Legal Aid Queensland to continue to provide funding for the father for the trial in these proceedings.

  • Cerny & Seidler [2019] FamCA 273

    05 Aug 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – STAY – Where the father files an application in a case for a stay of orders – Where the orders are subject to an appeal – Where the father also sought a substitution of some of the orders – Where a correction of orders is also sought under the slip rule – Where the father application for a correction under the slip rule will be heard at a later date – Where the father also makes an application for the mother to be dealt with for contravening orders – Where this application will also be heard at a later date – Where the parties presented an agreed minute of order for the pattern of living arrangements after the school holidays and the issue was resolved – Where the father bears the onus to establish a proper basis for the stay – Where he is not required to demonstrate special or exceptional circumstances – Where there is little difference in the terms of the stay proposed by the mother and the father – Where the order made are based on the mothers proposed terms of the stay – Where a stay is granted on certain orders pending the determination of the appeal commenced by the father – Where the father seeks further subpoenas be issued – Where leave is not granted until the determination of the slip rule application.

  • Cerny & Seidler (No. 2) [2019] FamCA 381

    13 Jun 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – SLIP RULE – Where a correction of orders is sought under the Slip Rule – Where the Court found it appropriate to grant some amendments and not others – Orders amended as appropriate.

    FAMILY LAW – COSTS – Where the wife sought an order for Costs – Where the husband’s conduct in prosecuting the proceedings caused the wife to incur costs over and above the amount she normally would have – Where the father was at times unrepresented and benefited from the mother’s legal representation – Where the husband is in a stronger financial position than the wife – Where litigation is in its fifth year and it would be in the interests of the parties for the Court to make an assessment of costs – Order made for the husband to pay Costs in the fixed sum of $80,000.

  • Berry & Durand [2019] FamCA 277

    03 May 2019

    FAMILY LAW – CHILDREN – Residence – where the child is ordered to live with the mother – where the child is ordered to have no time or communication with the father – where the child has resided with the mother all her life – where there have been attempts for the child to have a relationship with the father however this has not been positive – where the child currently spends no time with the father – where the father leads an erratic life characterised by periods of sobriety and periods of relapse into abuse of drugs and alcohol – where the father is currently in a rehabilitation centre – where the mother has been exposed to family violence – where the father admits to perpetrating family violence – where the father has had a drunken violent life and does not understand or accept that his drunken abuse and wild language is frightening and repellent – where the child disclosed to the mother and step-sister that she had been sexually assaulted by the father – where those allegations were investigated by the Department of Family and Community Services – where the allegations were unable to be substantiated – where there is a need to protect the child from physical and psychological harm from being exposed to the father’s uncontained behaviour when intoxicated and the possibility of sexual abuse occurring in that context – where the safety of the child has priority over the benefits of building a meaningful relationship with the father.

    FAMILY LAW – CHILDREN – Parental responsibility – where the mother continues to have sole parental responsibility – where this is a continuation of the current orders in place – where the father was not seeking to change this – where the mother has the capacity to meet the needs of the child.

    FAMILY LAW – PRACTICE AND PROCEDURE – hearing – where the matter was set down for a four day trial – where the matter proceeded as an undefended hearing – where the father did not participate in the trial – where the father filed no trial documents – where the father advised the Independent Children’s Lawyer that he was withdrawing from the case the day before the scheduled commencement of the hearing.

  • Beringer & Yue [2019] FamCA 290

    08 May 2019

    FAMILY LAW – CHILDREN – With whom a child spends time – Where the father seeks to extend the time he presently sends with the child to include overnight time – Where the mother opposes the father spending any time with the father – Where the mother asserts that the father has sexually abused the child – Where there is no evidence to support that contention – Where the child’s relationship with the father has been observed by the family consultant to improve – Where the family consultant considers any overnight time should be the subject of the child’s wishes – Orders made.

  • Adami & Adami (No. 2) [2019] FamCA 364

    06 Jun 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Subpoenas – Where there is an objection to production – Where the subpoena is oppressive in terms of how broadly drafted it is – Where there would be a significant cost associated with production – Where the wife has not agreed to meet that cost – Order.

  • Snell & Bulow [2019] FamCA 294

    09 May 2019

    FAMILY LAW – CHILDREN – Undefended hearing – Best interests of the child – Parental responsibility – Where the mother has disengaged from the proceedings –Where the child has been exposed to family violence – Where the mother has perpetrated family violence – Where the child has expressed the view that he wishes to spend no time with the mother.

  • Scarlett & Bradshaw [2019] FamCA 301

    13 May 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – Stay Application – Where the wife seeks a stay of substantive parenting orders pending the outcome of the appeal – Where there are concerns about the husband’s anger management issues – Where the effect of the stay is to postpone the husband’s un-supervised time with the child – Where granting the stay would not preclude the husband from spending supervised time with the child – Where the appeal would be rendered nugatory if the stay was not granted – Where the wife’s application was not merely a delaying tactic – Application granted.

  • Sappington & Sappington [2019] FamCA 244

    18 Apr 2019

    FAMILY LAW – CHILDREN – Best interests of the child – Where the father seeks the youngest child be removed from the mother’s primary care into his care – Where the mother seeks that the youngest child live with her – Where the Independent Children’s Lawyer supports the father’s proposal – Where the mother unilaterally relocated to the E Region – Where extensive Child Protection history – Where the mother alleges the father poses a risk to the child – Where the mother has sought to alienate the child from the father – Where the court satisfied the mother will not facilitate a relationship between the child and the father – Where the mother’s conduct constitutes family violence – Where weight given to the child’s wishes considerably reduced – Where greater weight given under s 60CC(2)(b) than the benefits of the child maintaining a relationship with both parents – Order that the child live with the father and the father have sole parental responsibility.

  • Sandwell & Sandwell [2019] FamCA 320

    03 May 2019

    FAMILY LAW – EVIDENCE – Expert evidence – Where the father seeks leave for the appointment of another expert witness – where the mother is seeking that the father’s application be dismissed – where there is currently an expert witness appointed by the court – where the professional opinions and recommendations of the single expert have most serious implications for the children – where the expert report recommended that the father engage in consistent psychiatric treatment with a qualified psychiatrist on a regular basis for at least five years – where the father lacks insight into his own illness – where the father attended upon a psychiatrist for an exclusively forensic purpose and then filed an affidavit of this psychiatrist with the Court – where its conclusions significantly differ from those drawn by the Court appointed single expert – where the psychiatrist did not have access to any other materials in the preparation of the report – where there is the risk that the father provided information in the report that was supportive of his desired outcome – where such report would likely have been refused admission if it was the only evidence put forward by the father because the psychiatrist is not a treating practitioner – where the issue to be considered by the Court is whether the father can present as mentally well when he is motivated to do so whilst suffering from a psychiatric illness – where the gravity of this situation means that there is special reason for the admission of the report – where the special reason needs to be more than a difference of opinion – where the diagnosis and recommendation of the single expert dooms the father to either supervised time or being excluded from the children’s lives – where the relationship between the children and the father is at stake – where the report is relevant on the subject of mental health.

  • Northrop and Anor & Coleman [2019] FamCA 190

    01 Apr 2019

    FAMILY LAW – ADOPTION – Leave to Adopt – Step-parent adoption – where the biological father consents to the application – where the biological father has had a limited presence in the child’s upbringing – where the step-father acts as the child’s father in all relevant respects – where it is in the best interests of the child for leave to be granted – where leave is granted.

  • Lokare & Baum [2019] FamCA 196

    12 Mar 2019

    FAMILY LAW – CHILDREN – Application for final parenting orders – Where the father seeks orders that the parties have shared parental responsibility – Where the father seeks orders that the child spend equal time between the mother and himself – Where the mother seeks orders that she have sole parental responsibility for the child – Where the mother seeks orders that the child live with her and spend graduating time with the father – Where the Independent Children’s Lawyer seeks orders that the mother have sole parental responsibility for the child, except with regard to her Aboriginal culture and development – Where the Independent Children’s Lawyer seeks orders that the child live with the mother and spend graduating time with the father – Where the mother has been the child’s primary carer since her birth – Where the degree to which the father has sought to maintain a relationship with the child is disputed – Where the father asserts that the mother has failed to encourage the child’s relationship with him – Where the child is Aboriginal, as through the father’s L bloodline – Where the father asserts that the mother has failed to encourage the child’s Aboriginal cultural development and identity – Court finds that the mother has supported the child’s relationship with the father – Court finds that the mother has encouraged the child’s Aboriginal cultural development and identity – Court orders that the mother have sole parental responsibility for the child, except in relation to her Aboriginal culture and development, the responsibility for which the parties shall share – Court orders that the child live with the mother and spend graduating time with the father.
    FAMILY LAW – PROPERTY – De facto relationship –Where the parties seek property settlement orders pursuant to s 90SM of the Act – Where the husband seeks an order that his superannuation be allocated to him – Where the wife seeks orders that real estate be sold – Where the wife seeks orders that she receive 80 per cent of the proceeds of that sale, as well as certain lump sums in respect of, what the wife contends is joint property, that has been expended by the husband to date and costs orders that have been made against the husband to date – Where the wife seeks an order for lump sum child support – Where the Court finds that the wife made significant financial and non-financial contributions throughout the parties’ relationship and following separation – Where the mother continues to be the child’s primary carer – Orders made for the sale of real property – Orders made for the wife to receive 72.5 per cent of the sale proceeds, after payment of the mortgage and a debt of the parties to her parents – Orders made for the husband to pay sums referable to cost orders previously made in favour of the wife – Orders for a sum to be added back in circumstances where the husband expended that joint property on legal fees.
  • Hicks & Derrick [2019] FamCA 293

    10 May 2019

    FAMILY LAW – FAMILY THERAPY – Appointment of family therapist – Where the mother seeks the appointment of a new family therapist – Where the mother asserts that the family therapist is not appropriately qualified – Where the family therapist has expressed an opinion on matters that remain before the Court – Where the mother has not facilitated the children attending family therapy in accordance with orders – Where the father has commenced attending family therapy – Application dismissed.

  • Fells & Fells [2019] FamCA 308

    15 May 2019

    FAMILY LAW – CHILDREN – Parenting – Where the proceedings concern four children aged 12, 10, 9 and 5 – Where the three elder children have special needs – Where the father has an alcohol abuse problem of mild severity – Where the mother proposes that the children spend five nights a fortnight with the father but that the youngest child not do so until term 1 2020 - Where the father proposes equal time on a week about basis immediately for the three older children and for the youngest child after six months – Where the Independent Children’s Lawyer supported the father’s application which was consistent with the recommendation of the Chapter 15 Single Expert – Discussion of the meaning of “consider” in s 65DAA(1) of the Act - Where it is found that it is in the children’s best interests and reasonably practicable for the children to initially increase the time that they spend with their father and from term 1 2020 to spend equal time with the parties on a week about basis.

  • Donaldson & Ryder [2019] FamCA 311

    16 May 2019

    FAMILY LAW – ORDERS – Contravention – Where there are six counts of alleged contravention of final parenting orders – Where no reasonable excuse for contravention established – Where contraventions are less serious – Where orders made requiring the respondent to enter into a good behaviour bond for a period of three months.  
    FAMILY LAW – COSTS – Where the respondent shall contribute to the costs of the applicant fixed in the sum of $2,000 payable within 90 days.
  • Dewell & Harris [2019] FamCA 258

    24 Apr 2019

    FAMILY LAW – PROPERTY SETTLEMENT – Interest – Where the wife seeks payment of interest on the judgment debt – Where the husband makes an application that no interest be payable on the judgment debt, or in the alternate, that interest only be payable for certain periods – Where the onus lay upon the husband to demonstrate it was in the interest of justice to vary the rate of interest – Where that onus was not satisfied – Where the husband kept and invested the funds and deprived the wife of that opportunity – Where interest should be paid up until the time the principal amount was paid.

  • Coli & Pearson [2019] FamCA 321

    09 May 2019

    FAMILY LAW – PRACTICE AND PROCEDURE – STAY PENDING APPEAL – interim property order – where application for stay pending determination of appeal from interim property order in favour of the wife – where consideration of applicable principles – where the husband failed to provide evidence establishing proper basis for a stay – application for stay refused.

  • Calder & Andrews [2019] FamCA 284

    03 May 2019

    FAMILY LAW – CHILDREN – Best interests of the child – mother failing to return children in accordance with final orders of Cronin J made in January 2016 – whether to alter Cronin J’s orders – no basis shown.

  • Borchard & Portner [2019] FamCA 236

    05 Apr 2019

    FAMILY LAW – CHILDREN – Interim orders – Best Interests – With whom the child should spend time – Where final orders were made in 2016 providing for the child to live with the mother unless she relocated outside of Australia – Where the mother relocated back to the United Kingdom and the child’s residence reverted to the father – Where the mother has returned to live in Australia – Where interim orders were sought to restore the child’s relationship with the mother – Where the father has recently relocated to pursue an employment opportunity and the current travel time between the parties’ respective residences is approximately four hours in duration – Where the child has a strong and meaningful relationship with the father from which she derives benefit – Where the father has been consistently present in the child’s life – Where the child’s views are considered – Ordered the child live with the father and spend two hours per fortnight with the mother.
    FAMILY LAW – CHILDREN – Parental responsibility – Where presumption of equal shared parental responsibility is rebutted because it is not in the child’s best interests – Ordered the father have sole parental responsibility for the child as the residential parent.
  • Barnet & Dwight [2019] FamCA 286

    07 May 2019

    FAMILY LAW – CHILDREN – Interim orders – Magellan proceedings – where the matter is in the Magellan protocol – where a Magellan Report has been prepared and released – where the release of the report has triggered applications from both parties to discharge the current orders made by consent in the Federal Circuit Court – where the current orders are comprehensive and cover a range of periods of time and communication – where it is not appropriate to revise all of those orders – where the time the children spend with the father will be varied – where the father consents to undergo carbohydrate deficient transferrin testing – where there is an application to remove a restraint on the mother’s new partner – where that restraint is not removed – where there are accusations that the child has been sexually assaulted by the mother’s partner – where those allegations were not substantiated by JIRT – where the interests of the mother must give way on an interim basis to the interests of the children – where there is a need to reduce the number of changeovers in order to reduce conflict – where there is a current Apprehended Domestic Violence Order in protection of the family – where there are a number of matters that are unable to be determined on an interim level and need to be raised at a final hearing.

  • Alderson & Milburn [2019] FamCA 366

    26 Apr 2019

    FAMILY LAW – PRACTICE AND PROCEDURE– Where parties fail to engage in proceedings – Where in the circumstances it is appropriate to make order dismissing all applications.