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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.
Jukes & Hepples  FamCA 963
19 Nov 2018
FAMILY LAW – COSTS – costs incurred in relation to parenting proceedings – where mother proposed consent orders in terms largely identical to father’s orders sought – where proceedings did not resolve until first day of proceedings – costs ordered against father.
Gorman & Huffman (No. 2)  FamCA 936
16 Nov 2018
FAMILY LAW – COSTS – Where application for costs by father – Where mother’s application to Review Registrar’s Determination dismissed – Consideration of applicable principles - Where not appropriate to order indemnity costs – Where father in receipt of grant of legal aid – Where in circumstances orders made for fixed sum on solicitor/client basis
Imbardelli & Imbardelli (No. 2)  FamCA 865
24 Oct 2018
FAMILY LAW – PROPERTY – Section 79A application – whether the orders made in 2010 should be set aside on the basis there has been a miscarriage of justice – whether the orders should be set aside on the basis that the parties had reconciled and it can be inferred that the parties impliedly consented to the orders being set aside – where the wife has long standing mental health issues and was financially dependent upon the husband- where the wife was estranged from her family and had no other support - where in the year leading up to the consent orders being made the wife had given birth to premature twins, suffered physical complications after their birth, had to care for the parties’ 14 month old daughter, had been physically assaulted by the husband, had initiated family law proceedings and had spent approximately two months in hospital receiving psychiatric treatment – found it was unconscionable for the husband to procure the wife’s consent to the orders in the circumstances – alternative finding made that the parties had reconciled and that the circumstances of that relationship give rise to an inference that they no longer intended to be bound by those order- consent implied