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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.

  • Re: Lucas [2016] FamCA 1129

    22 Dec 2016

    FAMILY LAW – MEDICAL PROCEDURES – Gender dysphoria – Gillick competence – where all parties agree the child is Gillick competent – where despite no dispute about it, the child needs the court’s permission

    FAMILY LAW – LAW REFORM – Re Jamie – where the proposed therapeutic treatment is within ordinary parental responsibility – where no court involvement is required – where there is a need for reform – where there is a need for statutory intervention in order to undo the effects of Re Jamie
  • Costello & Costello [2016] FamCA 1113

    22 Dec 2016

    FAMILY LAW – CHILDREN – PARENTING – Where there is a trial of the father spending unsupervised time with the children –  where supervision requirement by paternal grandparents continue, but thereafter cease – where fathers poor boundaries have now abated to the point where unsupervised time should be trialled – where father is to undergo fortnightly blood testing.

  • Lake & Brand (No 3) [2016] FamCA 1112

    21 Dec 2016

    FAMILY LAW – COSTS – Indemnity costs – where the wife seeks costs on an indemnity basis incurred in circumstances where the wife was required to make application to the Court on three occasions for removal of caveats lodged by the husband – where the husband has lodged an appeal – where the husband has made serious and unsubstantiated allegations of fraud both against the wife and her solicitor - serious questions about the bona fides of his case – where the husband was wholly unsuccessful – exceptional circumstances justifying costs on an indemnity basis – orders made that the husband pay the wife’s costs on an indemnity basis

  • Abati & Cole [2016] FamCA 1111

    21 Dec 2016

    FAMILY LAW – COSTS – Indemnity costs – where the wife seeks costs on an indemnity basis incurred as a result of the husband instituting proceedings in another jurisdiction in the face of a binding financial agreement – where the financial agreement was declared binding at final hearing – where the husband was unsuccessful in his appeal of the final orders – where the husband was wholly unsuccessful – no exceptional circumstances justifying costs on an indemnity basis – orders made that the husband pay the wife’s costs on a party/party basis

  • Dickens & Ventura [2016] FamCA 1110

    21 Dec 2016

    FAMILY LAW – CHILDREN – Family Violence – Consideration of the Best Interests Principles – With whom the child spends time – Where there is impairment in parenting capacity – Consideration of long term supervision – Consideration of indefinite supervision – Change of name – Where the mother has influenced the views of the children – Where the father has diminished parenting capacity – Where the children are enmeshed in the conflict – Where the children have aligned with the mother – Where the mother to have sole parental responsibility – Where the children are to live with the mother – Where the children are to spend supervised time with the father.

  • Egan & Egan [2016] FamCA 1109

    12 Dec 2016

    FAMILY LAW – PROPERTY – Initial contributions – dispute between the parties as to the husband’s initial contributions – where the husband owned a property at the commencement of cohabitation which forms part of the current pool – where the property represents a significant part of the pool – 70/30 assessment made upon contributions – responsibility of the wife to maintain the adult children of the relationship – where the wife has no legal duty to maintain the children – s 75(2)(e) considered – where the husband disputes the responsibility of the wife to support the adult children – where the wife has produced no current evidence as to any dependency of the children upon her – where the husband has provided financial support to the children – where the wife seeks an adjustment in her favour based upon the reduced life expectancy of the husband – where the husband has been diagnosed with prostate cancer currently in remission – Lawrie considered – where the husband’s life expectancy as given by his medical practitioners is less than that expected for a man of the husband’s age – adjustment made in the wife’s favour – final property orders made as to a 60/40 split in the husband’s favour

  • Tamasine & Weerasinghe [2016] FamCA 1108

    20 Jun 2016

    FAMILY LAW – CHILDREN – Final parenting orders made by consent

    FAMILY LAW – COSTS – Application by the mother for costs – difference between the mother’s proposed orders and consent orders reached by the parties – no circumstances to justify a costs order
  • Paretino & Paretino (No 2) [2016] FamCA 1107

    21 Dec 2016

    FAMILY LAW – PROPERTY – INTERIM PROCEEDINGS – Where the wife seeks periodic and lump sum spousal maintenance – Where the Court finds the wife is unable to support herself adequately for the purposes of section 72 of the Family Law Act 1975 (Cth) – Extent of the capacity of the husband to meet such an order – Where the husband is able to draw down on capital – Order made for the wife to receive periodic spousal maintenance – Where it is inappropriate for the wife to seek funding of her legal representation through an application for spousal maintenance – Order made for the wife to receive lump sum spousal maintenance for the purpose of a rental bond.

  • Keles & Keles [2016] FamCA 1106

    21 Dec 2016

    FAMILY LAW – CHILDREN – Where the parties agreed to consent orders on the final day of the final hearing – Where the only issues for determination are spend time with arrangements and overseas travel – Where the parties agree that the children should spend equal time with each parent but cannot agree how that should be structured  – Where it is in the best interests of the children for the number of changeovers per week to be reduced – Orders made for the children to spend time with each parent on a week-about basis – Where the Court finds it appropriate for the parties to pay a security when seeking to travel to non-Hague Convention countries with the children – Orders made for a security in the sum of $20 000 to be paid.

  • James & James [2016] FamCA 1105

    12 Dec 2016

    FAMILY LAW – PROPERTY – Application for interim sale of property – dispute as to which property should be sold to discharge a debt owing to the bank – interim orders made for the sale of an investment property of the parties

  • Erington & Erington (No 2) [2016] FamCA 1104

    03 Aug 2016

    FAMILY LAW – INJUNCTIONS – Application by the husband for the removal of caveats lodged by the wife or on her behalf – where the husband seeks the removal of caveats over commercial properties so that the properties can be sold to a business associate – where the bank has issued a notice of demand and foreshadowed a mortgagee sale of the commercial properties – interim orders made requiring the wife to remove caveats lodged by her or on her behalf and restraining her from lodging further caveats over the property

  • Eldaleh [2016] FamCA 1103

    21 Dec 2016

    FAMILY LAW – MARRIAGE – VALIDITY – Overseas marriage – Where the applicant seeks a declaration of validity pursuant to section 88D of the Marriage Act 1961 (Cth) – Where the marriage cannot be declared valid as it occurred with a person not of marriageable age – Application dismissed.

  • Barnes & Barnes and Anor [2016] FamCA 1102

    09 Jun 2016

    FAMILY LAW – INJUNCTIONS – Application by the wife for an injunction restraining a third party from destroying documents – no appearance by the third party – where the third party has been served and is aware of the proceedings – where the third party chose not to participate – application granted

  • Vasten & Ford [2016] FamCA 1101

    21 Dec 2016

    FAMILY LAW – CHILDREN – Interim – Whether the children should spend supervised time with the father – Whether the mother should be permitted to enrol the children in a new school – Whether the children should continue counselling - Where the children have not seen the father since June 2016 – Where the mother believes the children have been sexually abused by the father.

  • Pratt & Pratt [2016] FamCA 1100

    20 Dec 2016

    FAMILY LAW – PROPERTY – Interim orders – Restraint of disposing of assets – Removal of caveat – Disclosure.

  • Miller and Anor & Hill [2016] FamCA 1099

    09 Dec 2016

    FAMILY LAW – CHILDREN – Interim proceedings – Where the Applicant is a non-parent – Where the mother is deceased – Consideration of the best interests principles – Where the child lived with the maternal aunt and mother – Where the maternal aunt and the father are to have equal shared parental responsibility for the child – Where the child is to live with the father – Where the child is to spend time with the maternal aunt.

  • Alfarsi & Elhage (No 2) [2016] FamCA 1098

    12 Dec 2016

    FAMILY LAW – CHILDREN – WATCH LIST ORDERS – where orders previously made restraining father from leaving Australia – where such order made in attempt to procure return of children to Australia from Iraq – where previous orders placing children on watch list – where such orders will expire by effluxion of time after two years – whether  appropriate to extend such orders – where orders extended.

  • Roskam & Roskam [2016] FamCA 1097

    16 Dec 2016

    FAMILY LAW – Case management – leave to make an oral application refused – trial to proceed as listed

  • Martin & Buller (No 2) [2016] FamCA 1096

    13 Dec 2016

    FAMILY LAW – CHILDREN - Best interests – Whether the children should spend time or communicate with the respondent – Where the respondent did not file material or appear at trial - Where the children are at risk of harm in the respondent’s care - Where the respondent has perpetrated family violence against the children – Where the presumption of equal shared parental responsibility is rebutted – Where the applicant has sole parental responsibility for the children – Where the children are to spend no time nor communicate with the respondent

    FAMILY LAW – PROPERTY – De facto relationship – Where the property pool is minimal – Where contributions to date of separation were equal – Where no adjustment is made for contributions post-separation – Where the applicant has the ongoing care of the children – Where the applicant has considerable debt – Where there is a superannuation split of 75% to the applicant – Where the applicant is appointed trustee for sale – Where the respondent is required to vacate the property within 28 days
  • Goudarzi & Bagheri (No 4) [2016] FamCA 1095

    20 Jul 2016

    FAMILY LAW – INTERLOCUTORY – Application for provision of documents – Where the particular documents sought are unlikely to have direct bearing on the issue requiring determination – Ordered Application dismissed

    FAMILY LAW – INTERLOCUTORY – Contravention application – Where the application has been made and refused in the past – Where the issue of disclosure or concealment can be pursued in cross-examination – Ordered application dismissed

    FAMILY LAW – INTERLOCUTORY – Application for contempt – Where it is alleged the respondent interfered with a witness and evaded service of Court documents – Where the entirety of evidence was objected to – Where the evidence does not support the application – Ordered application dismissed

    FAMILY LAW – INTERLOCUTORY – Application for restraints – Where several parcels of real estate are identified by the parties – Where there is a settled position for the parties to retain identified properties – Where the central dispute pertains to the family home and whether it should be retained by the applicant or sold – Concluded there is no need for restraining orders – Ordered application dismissed
  • Blessington & Blunt [2016] FamCA 1094

    14 Dec 2016

    FAMILY LAW – CHILDREN – Best interests – Relocation – Parental responsibility – where the applicant mother seeks final orders on an undefended basis – where the mother seeks to relocate interstate with the child – where the mother seeks sole parental responsibility for the child due to the breakdown of the relationship between the parents – where the father has not taken the opportunity to spend regular and meaningful time with the child for a number of years – relocation permitted – satisfied it would not be in the best interests of the child for the child’s parents to have equal shared parental responsibility for the child

    FAMILY LAW – PRACTICE AND PROCEDURE – Procedural fairness – where the mother seeks to have the matter heard on an undefended basis –  where the father has failed to comply with orders – where the father has repeatedly failed to attend court – where the father has failed to take any step in the proceedings – where procedural fairness has been afforded to the father and no proposals are made by the father – application granted
  • Best & Tyers [2016] FamCA 1093

    15 Dec 2016

    FAMILY LAW – CHILDREN – FINAL PARENTING ORDERS – Best interests – where the applicant mother seeks final orders on an undefended basis – where the family has had historical involvement with the Department of Health and Human Services – where the evidence is untested – order that the child live with the mother and spend time with the father

    FAMILY LAW – PRACTICE AND PROCEDURE – Procedural fairness – where the mother seeks to have the matter heard on an undefended basis in circumstances where the father has filed a Notice of Discontinuance – where the father has filed no new material and has not participated in the proceedings since filing the Notice of Discontinuance – where the father has completed an Acknowledgment of Service- where procedural fairness has been afforded to the father – application granted
  • Phuoc & Viet [2016] FamCA 1092

    09 Dec 2016

    FAMILY LAW – Ex parte proceedings – parenting – passport to issue without consent of father

  • Pilson & Pilson [2016] FamCA 1091

    20 Dec 2016

    FAMILY LAW – PROPERTY – Interim – Where the husband seeks an order for the amount of $425,000 for the purpose of purchasing a home – Where the husband seeks the sale of shares to raise the funds sought – Where the wife opposes the sale of shares on the basis that it could affect her ability to receive funds at final property settlement.

    FAMILY LAW – PROPERTY – Interim – Injunction – Whether the husband should be restrained from dealing with matrimonial property without the wife’s written consent – Where the husband created a new trust without the wife’s knowledge  – Where the new trust did not have limitations as to the beneficiaries to whom funds could be distributed – Where the husband failed to disclose the new trust to the wife.
  • Roncalli & Roncalli [2016] FamCA 1090

    30 Nov 2016

    FAMILY LAW – CHILDREN – Interlocutory Applications – Parental Responsibility – Where the mother sought the allocation of parental responsibility to the residential parent – Where the father sought no order as to parental responsibility – Where the parents are incapable of sharing parental responsibility – Where there are cross allegations of violent and abusive conduct – Decided the presumption of equal shared parental responsibility does not apply – Ordered sole parental responsibility

    FAMILY LAW – CHILDREN – Interlocutory Applications – With whom the child should live – Where the mother is not currently working – Where the mother was the main carer – Where the children are not at material risk of harm in her care – Ordered the children live with the mother

    FAMILY LAW – CHILDREN – Interlocutory Applications – Time with the non-residential parent – Where mother proposed the youngest child spend less time with the father than the eldest two children – Where there is no social science evidence before the court – Where changeovers may give rise to parental conflict – Decided no differentiation between children – Decided changeovers should be minimised
  • Niem & Tong [2016] FamCA 1089

    19 Dec 2016

    FAMILY LAW – PROPERTY – Interim proceedings – Whether it is appropriate to make interim orders – where the total asset property is not known – Where there are creditor District Court Proceedings pending – Where a trustee is to be appointed by agreement for sale of investment properties – Where both husband and wife seek that the property be sold – Where the wife is authorised to use funds to settle District Court proceedings.     

    FAMILY LAW – CHILDREN – Interim proceedings – Where interim order for equal shared parental responsibility – Where discussion of applicable considerations as to the children’s best interests – Where there is a lack of parental insight – Where the parents are restrained from physically disciplining the children – Where the older children to live with the father – Where the younger child to live with the mother – Where the younger children to spend time together – Best interests of the children.
  • McAllister & Hallett [2016] FamCA 1088

    12 Dec 2016

    FAMILY LAW – CHILDREN – Parental responsibility – Where the parties are incapable of co-operation – Where the child is due to begin school soon – Where the father disagreed with the mother’s selection of school – Where the father’s psychological condition impairs his parenting capacity and is not presently well managed – Where the mother has a superior parenting capacity and does not pose any risk of harm to the child – Decided presumption of equal shared parental responsibility does not apply – Ordered the mother have sole parental responsibility

    FAMILY LAW – CHILDREN – With whom the child should live – Where the father perpetrated family violence – Where independent records establish a pattern of his violence – Where the child requires protection from risks of harm attributable to the father’s violent conduct – Ordered the child live with the mother

    FAMILY LAW – CHILDREN – Interaction with the father – Where the family consultant recommends the child’s relationship with the father should be severed – Where supervision is the only alternate solution to the risk of harm posed by the father – Concluded it is undesirable to impose indefinite supervision and it is in the best interests of both the child and the mother to conclude the litigation – Where the mother can decide if, when, and how the child should spend time with the father as an incident of her sole parental responsibility – No order directing the child’s interaction with the father
  • Stopford Malloy & Malloy and Ors (No 2) [2016] FamCA 1087

    09 Dec 2016

    FAMILY LAW – EVIDENCE – Admissibility – Where the wife submitted the husband filed and served affidavits in breach of rr 5.09 and 9.08(3) of the Family Law Rules 2004 (Cth), but she also sought to rely on multiple affidavits and erroneously complained of having insufficient time to respond to the husband’s fresh affidavits when the husband did not raise any other justiciable issue – Decided evidence admitted

    FAMILY LAW – EVIDENCE – Admissibility – Costs Dispute – Where the 2nd and 3rd respondents objected to the admissibility of evidence adduced by the wife from an adversarial expert – Application of ss 55, 56 and 135 of the Evidence Act 1995 (Cth) – Decided evidence was admissible on the costs dispute 

    FAMILY LAW – EVIDENCE – Admissibility – Spousal maintenance –Where the husband objected to the admissibility of evidence adduced by the wife from an adversarial expert – Where the requirements of the Rules for engagement of single experts and the admissibility of evidence from adversarial experts were not fulfilled – Where the controversial expert evidence should come from a single expert – Leave for the wife to rely on the adversarial expert evidence in relation to the spousal maintenance dispute was denied

    FAMILY LAW – SPOUSAL MAINTENANCE – Application for variation – Where the previous orders restrained the husband from causing the wife to lose use of a Porsche car – Where the car was owned by the 3rd respondent and not the husband – Where the 3rd respondent’s recovery of the car from the wife was beyond the husband’s control –  Where the wife has the use of her own Mercedes car – Decided application dismissed

    FAMILY LAW – COSTS – Between parties – Where the husband is in default of current spousal maintenance orders – Where enforcement orders were made – Where the wife sought an urgent injunction to prevent frustration of the enforcement orders by the 3rd respondent and other 3rd parties – Where the wife later consented to the dismissal of that application – Where there are cross claims for cost orders – Decided the wife acted reasonably in her initial prosecution of the application – Ordered applications for costs dismissed
  • Walker & Morton (No 2) [2016] FamCA 1086

    20 Dec 2016

    FAMILY LAW – COSTS – Application by the wife that the husband pay the costs of their property and parenting proceedings on an indemnity basis – Consideration of s 117(2A) of the Family Law Act – Where the wife was wholly unsuccessful in the parenting proceedings – Where both parties were unsuccessful in regards to their respective applications for property settlement – Where extensive offers of settlement were exchanged between the parties – Where exceptional circumstances do not exist to warrant an order for indemnity costs – Orders made that the husband pay half of the wife’s costs of the proceedings as assessed or agreed.

  • Knight & Knight [2016] FamCA 1085

    19 Dec 2016

    FAMILY LAW – PARENTING – RELOCATION – Children – Where mother seeks to relocate from the central west of NSW to the central coast of NSW with the three children – Where parental relationship conflictual – Where children have significant social capital in their present town and its rural environment – Where both parents significantly involved in the children’s day to day lives and activities – Where consideration as to the best interests of the children – Where best interests should be as to all of the children not just one of the children – Where not in best interest to allow relocation – Where older children have wishes as to time with the father – Where such wishes should be given some weight in the circumstances – Where father has rigid parenting and personality style – Where appropriate for children to continue with family therapy as needed.

  • Fallon & Bashandi (No 2) [2016] FamCA 1084

    23 Nov 2016

    FAMILY LAW – Recusal – costs certificate

  • Bishop & Dent (No 2) [2016] FamCA 1083

    06 Dec 2016

    FAMILY LAW – CHILDREN – Parental responsibility – Where the father has been the primary carer – Where previous court orders allocated parental responsibility to the father – Where both the Single Expert and Family Consultant recommend sole parental responsibility to the father – Where the mother has not attended to advocate for her position – Ordered sole parental responsibility allocated to the father

     

    FAMILY LAW – CHILDREN – Time the child should spend with the mother – Where the mother wishes to spend time with the child – Where the child has an attachment to the mother – Where the mother’s capacity is flawed – Where the mother cannot prioritise the child’s needs above her own – Where the father has a criminal history – Where the father has past alcohol dependency – Where the evidence supports the father is now sober and law-abiding – Where the father is child focused – Where the mother interferes with the child’s support services – Where the mother has intimidated and harassed staff at the child’s educational facilities – Ordered that the child spend no time with the mother – Ordered restraints placed on the mother
  • Bishop & Dent [2016] FamCA 1082

    05 Dec 2016

    FAMILY LAW – PARENTING – Adjournment application – Where the mother does not appear at final hearing – Where the mother was present in the Registry the morning of final hearing – Where the mother delivers two letters to the Registry – Concluded the letters are to be interpreted as an adjournment application – Where the mother has not filed a trial affidavit – Where the mother has been an active participant up until the final hearing – Where the child is starting school in the coming months – Ordered application for adjournment refused

  • Cai & Hsueh [2016] FamCA 1081

    19 Dec 2016

    FAMILY LAW – PROPERTY – BINDING FINANCIAL AGREEMENT – Where the parties agree that the Financial Agreement is a binding financial agreement for the purposes of the Family Law Act – Whether the respondent has beneficial interest in a property under the terms of the Financial Agreement – Where there is no evidence as to the respondent’s taxable income over the subject periods or of any direct contribution to the ongoing mortgage liability on the property – Where the Court found on the evidence that the respondent is not entitled to a  beneficial interest in the property –  Whether a lump sum redundancy payment received by the applicant during cohabitation  is a “lump sum compensation payment” as contemplated by the Financial Agreement – Where the Court found that the redundancy payment received by the applicant does not constitute a payment for the purposes of the Financial Agreement –Where it is appropriate that no orders be made as to the issue of Capital Gains Tax as provided for in the Financial Agreement

  • Bault & Bault (No 2) [2016] FamCA 1080

    19 Dec 2016

    FAMILY LAW – PROPERTY – where overwhelming initial contribution by husband – where wife seriously assaulted by husband – where husband sentenced to period of imprisonment and then deported from Australia – where wife obtains significant civil verdict for damages for assault – where husband expends funds on defending the criminal and civil proceedings – where husband fails to explain expenditure of cash funds available to him – where  preliminary distributions to both parties – where appropriate that wife receive further cash adjustment.

  • Pabiyanov & Pabiyanova [2016] FamCA 1079

    16 Dec 2016

    FAMILY LAW – Adult child maintenance – overseas registrable maintenance liability – first day of hearing – mediation – Reunite International

  • Southers & Southers (No 4) [2016] FamCA 1078

    16 Dec 2016

    FAMILY LAW – CHILDREN – Best interests – Parental responsibility – With whom a child shall live –Where there are three children aged eight, seven and four – Where the mother seeks that the parents have joint parental responsibility, that the children continue to live with her and spend time with the father – Where the father and the Independent Children’s Lawyer seek that the father have sole parental responsibility, that the children live with him and spend time with the mother – Where there is a benefit to the children of having a meaningful relationship with each of the parents – Where there are allegations of family violence by and against each of the parents – Where no findings are made that the father initiated violence against the mother or a child – Where the mother initiated violence on the father and on a child – Where in her 2015 report the single expert recommended that the children remain living with the mother but where at trial she recommended that they live primarily with the father – Where there is evidence that the mother has coached the children in relation to disclosures against the father – Where the mother has at times prevented the children from spending time with the father – Orders made for the father to have sole parental responsibility for the children – Orders made for the children to live with the father and spend time with the mother on alternate weekends and one night in the intervening week.

    FAMILY LAW – PROPERTY – Settlement in relation to marriage – Where the husband and wife were married for eight years – Where contributions are agreed to be equal – Where the property pool available for distribution between the parties is in the form of superannuation only – Where a five per cent adjustment in favour of the wife is appropriate, particularly by reference to the husband’s greater earning capacity – Where a splitting order is made in favour of the wife to change the parties’ interests in property to achieve a distribution of the items in the balance sheet in the approximate proportions 55 percent to the wife and 45 percent to the husband.

    FAMILY LAW – SPOUSAL MAINTENANCE – Where the wife has demonstrated a need for spousal maintenance – Where the husband has capacity to pay – Where there is a current interim order that the husband pay the wife $1,500 per month in spousal maintenance – Where it is appropriate to continue that order for a limited time – Order made that the husband pay the wife the sum of $1,500 per month for a period of 12 months.
  • Merritt & Merritt and Ors [2016] FamCA 1077

    16 Dec 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Leave to inspect and copy a court file – Whether documents from these proceedings should be made available for use in parenting proceedings in the Federal Circuit Court (“FCC”) – Where the mother in the FCC proceedings is the partner of the father in these proceedings – Where there are allegations of sexual abuse by the father of the children in these proceedings.

    FAMILY LAW – PRACTICE AND PROCEDURE – Stay Application – Where the Independent Children’s Lawyer seeks a stay of the delivery of judgment and final orders in these proceedings – Where the ICL is yet to file final submissions – Where the ICL intends to seek leave in the Federal Circuit Court to inspect Court file IN other parenting proceedings to determine whether there is any information relevant to these proceedings.
  • Sirola & Sirola and Anor (No 3) [2016] FamCA 1076

    16 Dec 2016

    FAMILY LAW – CHILDREN – Whether the children should spend no time with the father or the paternal grandmother – Where the Court finds the father has engaged in family violence – Presumption of equal shared parental responsibility not applied – Where there are serious concerns as to the father’s mental health and oppositional behaviour – Where the father has breached orders suspending his time and communication with the children – Where the father is unrestrained in his denigration of the mother to the children  – Where the single expert suspects that the father could be dangerous – Where the Court finds the children would be exposed to an unacceptable risk of physical and/or psychological harm if they were to spend time with the father – Where the paternal grandmother is unable to recognise the risk the father presents to the children and would be unable to prevent the father from coming into contact with the children – Orders made allocating sole parental responsibility to the mother – Orders made for the father to spend no time with the children – Orders made to facilitate the paternal grandmother sending cards and letters to the children.

  • Stott & Holgar [2016] FamCA 1075

    07 Jul 2016

    FAMILY LAW – CHILDREN – where the maternal grandmother seeks to adduce further evidence post trial – where the Court does not consider that it would be in the interests of justice for the proceedings to be reopened and to have further evidence called – where the application is dismissed.

  • Bocca & Martens [2016] FamCA 1074

    15 Aug 2016

    FAMILY LAW – PROPERTY - Application for a review of a Registrars decision declining witnesses to give evidence by video-link – Application successful

    FAMILY LAW – PRACTICE AND PROCEDURE – Orders and directions made in relation to the filing of documents – Orders and directions made in relation to evidence of witnesses


  • Gottlund & Webster [2016] FamCA 1073

    12 Dec 2016

    FAMILY LAW – CHILDREN – Parental Responsibility – Where the presumption of equal shared parental responsibility does not apply – Where the father is no longer in Australia – Where the father has been convicted of sexual offences against another child – Child to spend no time with the father

  • Zhin & Zou [2016] FamCA 1072

    14 Dec 2016

    FAMILY LAW – CHILDREN – Best interests – Undefended – Where the husband was on bail and removed himself from Australia – Where the husband declined to return to Australia to participate in the proceedings – Where the husband has been absent from Australia for six years – Where the husband was permitted to engage in some limited cross-examination and  to make submissions but none of his material was read – Where it is not in the child’s best interests for the parents to have equal shared parental responsibility – Where the husband has removed himself from having any meaningful involvement with the child – Order made that the wife have sole parental responsibility for the child – Order made that the child live with the wife and spend no time with or communicate with the father.

    FAMILY LAW – PROPERTY – Settlement in relation to marriage – Undefended – Where the contributions overall by the wife have exceeded those of the husband, significantly – Where an adjustment pursuant to s 75(2) factors in favour of the wife is appropriate – Where the Court is not aware of the extent of the husband’s property in China – Orders made for the wife to retain the property in Australia.
  • Re: Lincoln (No 2) [2016] FamCA 1071

    13 Dec 2016

    FAMILY LAW – CHILDREN – MEDICAL PROCEDURES – Where the applicants are parents of a child with gender dysphoria – Where the applicants seek an order that the child is competent to consent to his own stage 3 treatment – Where the proposed treatment is male chest reconstruction surgery – Where the Secretary of the Department does not oppose the treatment but submits that the treatment requires Court authorisation and application of the best interests principle – Where the child is 15 years of age – Consideration of whether the child is Gillick competent  – Where the child’s treating medical experts and parents support the child commencing stage 3 treatment – Where each of the child’s treating practitioners have expressed the opinion that the child is competent to the Gillick standard – Where the child is Gillick competent and can consent to the proposed treatment – Where the Court is of the view that the proposed treatment does not require Court authorisation if it is found that the child is Gillick competent – Order made that the child is competent to consent to the proposed treatment.

  • Pyne & Dwight [2016] FamCA 1070

    13 Dec 2016

    FAMILY LAW – CHILDREN – relocation – where the mother seeks an order that she be permitted to relocate with the child – where the father opposes the relocation – where consideration is given to the legal principles relevant to relocation proceedings – where consideration is given to departing from the recommendations of the expert – where an order is made for equal shared parental responsibility – where an order is made permitting relocation – where the child is to spend substantial and significant time with the father.

  • Geary & Maddigan and Anor [2016] FamCA 1069

    25 Nov 2016

    FAMILY LAW – CHILDREN – Interlocutory – Where both parties have a history of using physical discipline – Where an injunction was made restraining their administration of corporal punishment to the children – Where the eldest child disclosed a physical assault by the father – Where the assault was reported to the police and the father was charged – Where the eldest child’s injury was confirmed by a medical practitioner – Where the father intends to defend the prosecution – Where the untested evidence supports an interim finding the children are at risk of harm in the father’s care – Ordered change of residence to the mother – Ordered supervised time with the father

  • Landon & Yin [2016] FamCA 1068

    13 Dec 2016

    FAMILY LAW – NULLITY – Whether the marriage is void – Where the respondent was lawfully married to another person at the time of the marriage – Decree of nullity granted.

  • Riemann & Riemann (No 2) [2016] FamCA 1067

    12 Dec 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the final hearing has been adjourned on the application of the husband – Where the parties are unable to agree as to directions to progress the parenting and property proceedings – Where there is an upcoming interim hearing in relation to outstanding parenting issues – Orders made.

  • Newport & Newport [2016] FamCA 1066

    12 Dec 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Application to appoint an adversarial expert – Whether the single expert has delegated to a therapist deciding when the father is to commence spending unsupervised time with the children – Where orders have been made on the single expert’s recommendation that the parties and children’s therapy be confidential or non-reportable – Whether the single expert has provided non-responsive answers to questions asked by the father – Whether the single expert is biased – Application dismissed.

    FAMILY LAW – PRACTICE AND PROCEDURE – Application to discharge the Independent Children’s Lawyer – Whether the ICL has been responsible for the delay in the appointment of a single expert and the progress of the proceedings – Whether it was inappropriate for the ICL to convey the views of the children to the Court when the ICL has not interviewed the children in over eight months – Whether it was inappropriate for the ICL to pursue the recommendations of the single expert  –  Whether the ICL is biased – Application dismissed.
  • Milton & Milton [2016] FamCA 1065

    12 Dec 2016

    FAMILY LAW – PROPERTY – single expert – where the husband seeks an order appointing the single expert – where the application is opposed by the wife – where an order is made deeming the prepared report to be the single expert report pursuant to the Rules – where the balance of interim proceedings are dismissed.

    FAMILY LAW – LEGAL PRACTITIONERS – conflict of interest – where the wife seeks an order restraining the husband’s solicitors from representing the husband – where the application is opposed by the husband – where the Court does not consider that there is information gained or obtained by the solicitor in question from their dealings with the wife such that the misuse of information might be such as to undermine the due administration of justice.

  • Boston & Boston (No 3) [2016] FamCA 1064

    12 Dec 2016

    FAMILY LAW – PROPERTY – final orders – where the wife seeks orders for full and final settlement of property – where the husband seeks opposing orders for the full and final settlement of property – where allegations made of non-disclosure of assets and relationships – where issues arise as to use of funds post separation – where detailed orders are made for property settlement.

  • Zhu & Han and Anor [2016] FamCA 1061

    09 Dec 2016

    FAMILY LAW – PROPERTY SETTLEMENT – Contributions – Where the issue for determination was the division of trust funds comprising the net proceeds of sale of a parcel of real property – Where the parties made many financial and non-financial contributions that they contended should reflect in the division of those trust funds between them –  Ordered that the trust funds be equally divided 

    FAMILY LAW – PROPERTY SETTLEMENT – Intervener – Where the husband’s father was an intervener – Where the intervener only ultimately sought relief against a third party in relation to one specific parcel of real property – Where the spouses’ claims in relation to that property were abandoned – No accrued jurisdiction to entertain the intervener’s claim – The intervener’s claim was discontinued and he was discharged as party to proceedings
  • Konda & Konda and Ors [2016] FamCA 1060

    09 Dec 2016

    FAMILY LAW – PROPERTY SETTLEMENT – Transactions to defeat orders – Where the husband’s disposition of assets would defeat the wife’s anticipated relief under Part VIII of the Family Law Act – Where the husband transferred property to his brother – Where the brother was joined as the second respondent – Where the husband transferred funds to family members in India – Application of Halabi v Artillaga (1994) FLC 92-470 – Where other property is transferred through arm’s length transactions – Where the wife receives relief under s 106B – Decided wife entitled to property settlement amounting to 85 percent of the parties’ ascertained assets

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the 3rd respondent  does not appear at trial – Where the 3rd respondent has not filed any documents – Where no final orders will bind the 3rd respondent – Decided the question of procedural fairness is moot
  • R Pty Ltd atf the Fletcher Trust & Jones and Anor [2016] FamCA 1058

    09 Dec 2016

    FAMILY LAW – COSTS - Between parties – Where the application to disclose documents filed in Family Court proceedings in another court was granted –Where the conduct of the respondents in pressing for particularisation of documents to be disclosed does not warrant an award of costs against them – Application dismissed

  • Riccardi & Riccardi [2016] FamCA 1057

    09 Nov 2016

    FAMILY LAW – Contravention of parenting order — contraventions found not proved — consequential orders — case management — independent children’s lawyer

  • Weston & Hill [2016] FamCA 1056

    08 Nov 2016

    FAMILY LAW – CHILDREN – PARENTING

  • Small & Small (No 2) [2016] FamCA 1055

    02 Dec 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Adjournment

  • Harvey & Harvey and Anor [2016] FamCA 1054

    08 Nov 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Application for adjournment of the final hearing by the wife – where the husband opposes the adjournment – where the husband has incurred a significant debt to the Australian Tax Office as a result of his failure to lodge tax returns – where previous orders for the sale of a property and the application of the proceeds of sale to discharge a debt to a bank have not yet been complied with – where the purpose of the adjournment is to allow the parties to quantify the asset pool after the payment of the debt to the bank and the ATO – where there may be no assets for division following the sale of the property – interim orders made vacating the final hearing date

  • Beyersdorf & Chu [2016] FamCA 1053

    07 Sep 2016

    FAMILY LAW – PROPERTY – Application by wife for spousal maintenance and a property settlement – Orders by consent in circumstances where Court is satisfied that it is a just and equitable division of property

    FAMILY LAW – PROCEDURAL – Leave granted for wife to make submissions in respect of whether the Court should refer the papers to the Commissioner of Taxation or Department of Human Services
  • Re: Halvard and Anor [2016] FamCA 1051

    05 Dec 2016

    FAMILY LAW – CHILDREN – REGISTRATION OF OVERSEAS CHILD ORDER – Whether the Court should exercise its discretion to have an overseas order registered in Australia –  Where the applicants seek to register certain orders made by a Court in the United States of America – Where the child’s birth was facilitated by surrogacy arrangement between the applicants and a “gestational carrier” – Where the applicants are the biological parents of the child – Whether the order is an “overseas child order” for the purposes of the Act – Whether the applicants are “proceeding to” Australia – Where the Court is satisfied the overseas order should be registered with this Court.

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the Court seeks to protect the identity of the applicants, child and gestational carrier – Where any person seeking to search the Court’s file in this matter must first obtain leave from a Judge of this Court.
  • Department of Communities, Child Safety and Disability Services & Wells [2016] FamCA 1050

    02 Dec 2016

    FAMILY LAW – CHILD ABDUCTION - Child retained in Australia – Application for the child to return to New Zealand

  • Bainsbridge & Bainsbridge [2016] FamCA 1049

    07 Dec 2016

    FAMILY LAW – PROPERTY – UNDERTAKINGS – where husband seeks to be released from undertakings – where wife seeks undertakings be suspended – where subsequent events have overtaken the undertaking – where obligations are impossible to perform in the future – where husband no longer has control of company – where company is in liquidation – where the car has been repossessed – where both husband and wife face bankruptcy – where husband has been released from undertaking – grounds for discharge and proof of injustice

    FAMILY LAW – COSTS – where husband seeks wife pays costs of these proceedings on an indemnity basis – where wife is ordered to pay the husbands costs
  • Narkis & Narkis (No 3) [2016] FamCA 1048

    02 Dec 2016

    FAMILY LAW – Interlocutory applications  by both parties pending final hearing in February 2017 including for “Letters Rogatory”, discovery, litigation funding, injunctive relief, requirements for personal attendance of husband who lives overseas, payment of health insurance for the wife and the child and similar matters. Where the judge suggests that the evidence provided by the self-represented applicant is insufficient to make the orders sought and the wife then seeks an adjournment. Where some matters are able to be determined and orders made. Where the husband’s application for keys and access to a property is necessary to enable the February trial to proceed. Reasons given ex tempore

  • Kendrick & Kendrick [2016] FamCA 1047

    07 Dec 2016

    FAMILY LAW – CHILDREN – Final Parenting – where there is risk of physical or psychological harm from a step-child of a party  – Where orders are made restraining a party from bringing the child into contact with another child – Where future contact with another child potentially in the best interests of the child – Where final orders are made allowing for future contact by consent contingent on therapy and other measures

  • Koyroyshs & Koyroyshs [2016] FamCA 1046

    07 Dec 2016

    FAMILY LAW – CHILDREN – Overseas travel – Non Hague country – Parenting

  • Foley & Foley [2016] FamCA 1045

    07 Dec 2016

    FAMILY LAW – MAINTENANCE – INTERIM SPOUSAL MAINTENANCE – Application for spousal maintenance by wife – Application granted where wife has established threshold and in circumstances where the husband has capacity to meet the wife’s reasonable needs pending the completion of the proceedings

    FAMILY LAW – CHILD SUPPORT – Orders by Consent - the parties concede that the court should exercise its jurisdiction under s 116 of the Child Support (Assessment) Act 1989 (Cth) and whether there ought to be a change to the administrative assessment

    FAMILY LAW – CHILD SUPPORT – Departure Order made pursuant to the Child Support (Assessment) Act 1989 (Cth).

    FAMILY LAW – PROPERTY - Interim application by wife for further order for an interim property prosecute the proceedings – Application granted in part.
  • Martens & Bocca [2016] FamCA 1044

    07 Dec 2016

    FAMILY LAW – DE FACTO PROPERTY – Application for a declaration pursuant to s 90RD of the Family Law Act 1975 (Cth) that a de facto relationship existed – Assertion by applicant that parties maintained a de facto relationship for a period of 13 years – Respondent denies this assertion and claims that the parties were in friendship/relationship which should not be regarded as a relationship within the meaning of the Family Law Act 1975 (Cth) – Declaration made pursuant to s 90DR of the Family Law 1975 (Cth) that the parties were in a de facto relationship for a period of approximately 13 years

  • Borchard & Portner [2016] FamCA 1043

    06 Dec 2016

    FAMILY LAW – CHILDREN – PARENTING – Parental responsibility – Where the parents agree on residence – Where the outstanding issue is parental responsibility – Where the father will live in Australia – Where the mother will live in the Republic of Ireland – Where the distance between parties will lead to a delay in decision making – Where that delay is not in the best interest of the child – Where both parents submit communication between them has been poor – Ordered that the father have sole parental responsibility for education and medical decisions – Ordered that the parents respectively retain all other aspects of parental responsibility

  • Ferrante & Guiliani [2016] FamCA 1042

    05 Dec 2016

    FAMILY LAW – CHILDREN – Relocation – Contested Application to relocate internationally with the child – Where mother seeks to relocate to New Zealand in order to live with new partner and new partner’s family – Practicality of proposed spend time arrangements where international relocation is contemplated – Where father argues that the nature of his relationship with the child will change at a fundamental level if the relocation is permitted – Meaning of “substantial and significant time” – Relocation permitted.

    FAMILY LAW – PRACTICE AND PROCEDURE – Application by the father for leave to adduce further evidence – Application refused.
  • Wul & Au-Yong [2016] FamCA 1041

    29 Nov 2016

    FAMILY LAW – PARENTING – International relocation – finely balance case – where the wife wishes to move with 5 year old boy to Taiwan. Permission to relocate granted.

  • Malloy & Stopford Malloy and Ors [2016] FamCA 1040

    07 Dec 2016

    FAMILY LAW – SPOUSE MAINTENANCE – ENFORCEMENT – STAY – Application for a stay of orders pending determination of an appeal – Application of husband granted – Application of third parties dismissed on the basis that the orders appealed do not impose any obligation on them nor affect their rights.

  • Patau & Dallon [2016] FamCA 1039

    15 Nov 2016

    FAMILY LAW – CHILDREN – Undefended hearing – Where mother has filed a notice of discontinuance – Where no appearance by the mother – Where appropriate to proceed on an undefended basis – Where there are accusations of abuse against the mother – Where the child refuses to spend time with the mother – Where the father seeks sole parental responsibility – Best interests of the child – The child live with the father – The child spend time with the mother as agreed between the mother and the father

  • Foster & Cotter and Anor [2016] FamCA 1038

    02 Dec 2016

    FAMILY LAW – Property – contested application for removal of second respondent from proceedings – contested application for summary dismissal – application refused.

  • Ciu & Nao [2016] FamCA 1037

    02 Dec 2016

    FAMILY LAW – PROPERTY – Injunctions – Where parties operate a partnership boarding house business – Where wife remained in occupation of the boarding house premises after separation – Where interim orders made by consent previously as to the ongoing conduct and management of the boarding house business – Where since interim orders the wife has failed to comply with same and unilaterally retained and disbursed income from the business – Where husband seeks that the wife vacate the property and that the property be independently managed – Where husband seeks that the wife received one half of the net monthly income from the business pending further order – Where order made for the wife to vacate the property and receive income as proposed by the husband.

  • Gould & Chaudhary [2016] FamCA 1036

    02 Dec 2016

    FAMILY LAW – CHILDREN – International travel – Where previous consent orders that the mother have sole parental responsibility for the child and that the child live with the mother – Where father residing permanently in Canada and unable to re-enter Australia – Where father objects to the child travelling internationally with the mother – Where mother long-term Australian resident with significant ties to Australia – Where in the child’s best interests it is appropriate to facilitate the child being able to travel internationally with the mother.

  • Standish & Lynch [2016] FamCA 1034

    02 Dec 2016

    FAMILY LAW – CHILDREN – Parenting Orders – Abuse of crystal methamphetamine and other illegal drugs by both parents - Allegations by mother of sexual abuse of child by father - Whether children at risk in unsupervised care of the father – On the evidence the father does not present an unacceptable risk to the children in terms of the allegations of sexual abuse but does present an unacceptable risk in terms of his drug abuse - Orders that the father spend graduated supervised time with the children for a period of 12 months and for such time to move to unsupervised time on the condition that the father undergo regular drug testing

  • Jess & Jess and Ors [2016] FamCA 1022

    24 Nov 2016

    FAMILY LAW – LEGAL PROFESSIONAL PRIVILEGE – joint legal professional privilege

  • Milavic & Banks (No 2) [2016] FamCA 884

    19 Oct 2016