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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.

  • Zenere & Malik and Ors [2018] FamCA 795

    27 Sep 2018

    FAMILY LAW – CHILDREN – Best Interests – Residence and Contact – Where there has been an expedited hearing due to significant circumstances – Where the mother has a limited life expectancy – Where the mother and maternal family live in New Zealand – Where the father and paternal family live in Australia – Where it is important that the child’s relationship with the maternal family is maintained – Where there has been significant involvement by both the maternal and paternal grandparents

    FAMILY LAW – CHILDREN – Religion – S60CC(3)(g) – Where the parties are able to agree on all issues other than religion – Where the mother holds significant concerns regarding the father’s religious practices – Where the role of the court is not to analyse a particular religion but rather to decide on the facts whether the adherence of a parent to a faith poses a risk to the child – Where the court should not make assumptions about religion without evidence – Where it is imperative that the court must balance the welfare of the child with the neutrality of the court as to different religious views and practices – Where the issue of religion does not pose a significant risk factor to the child – Where the child is able to have a connection through the maternal grandparents with their religious practice and also her Indian and New Zealand heritage – Where the father will ensure the child continues to be significantly involved with the maternal family – Where there are issues regarding the overseas travel  of the subject child to non-Hague countries.

    FAMILY LAW – CHILDREN – Parental Responsibility – Where the child will live with the father and the father will have sole parental responsibility with the consent of all parties.


  • Ying & Lang [2018] FamCA 784

    01 Oct 2018

    FAMILY LAW – DE FACTO RELATIONSHIPS – where the applicant seeks a declaration pursuant to section 90RD of the Family Law Act 1975 (Cth) – where the respondent denies the parties were in a de facto relationship – where the applicant alleges the parties were in a de facto relationship from 1998 to October 2014 – where the applicant has not discharged the onus of proof on the balance of probabilities that the parties were in a de facto relationship as defined by s 4AA of the Act – no jurisdiction to make the declaration the applicant seeks – where the respondent seeks a declaration that a de facto relationship never existed between the parties – where it is not necessary to consider making the respondent’s declaration.

  • Weller & Weller [2018] FamCA 808

    02 Oct 2018

    FAMILY LAW – CHILDREN – Parenting – Orders made on an undefended basis

  • Syms & Syms [2018] FamCA 793

    21 Oct 2018

    FAMILY LAW – CHILDREN – interim orders - with whom the children live – where the father concedes interim residence for children with the mother – where the children spend supervised time with the father – where the matter is being heard in the Magellan list – where there are competing parenting applications – where there are allegations made by the children that the father sexually abused them - where there has been involvement with the Department of Family and Community Services – where the father strongly denies the allegations of sexual assault – where the court has  to balance the need to protect the children from risk and promote a relationship between the children and the father – where the relationship between the children and father could be irreparable if they continue to  spend no time with him – where the allegations of sexual assault have not been substantiated – where there is disagreement in relation to the counselling that the children are receiving – where the court must weigh up the benefit of the counselling with the  impact the counselling may have

  • Steyr & Steyr [2018] FamCA 813

    28 Sep 2018

    FAMILY LAW – PROPERTY – Interim – application for sale of property – failure to comply with orders to pay mortgage - application to stay obligation to pay child support – application for departure from child support assessment – where child support Registrar not on notice of application or proceedings.

  • Srinath & Srinath [2018] FamCA 779

    28 Sep 2018

    FAMILY LAW – CHILDREN – Best Interests – Undefended Hearing – Where the father has never participated in these proceedings – Where the mother seeks that she be allowed to relocate with the children to Canada – Where the mother seeks orders for equal shared parental responsibility and for the father to spend some limited time with the children in Australia by agreement and in Canada – Where the father has had limited involvement in the children’s lives since separation – Where the mother’s biological family reside in Canada – Where the children have a strong connection with their family in Canada – Where the children’s views should be given some weight – Where there is no question as to the mother’s parenting capacity – Where it is appropriate to make orders as sought by the mother.

  • Solage & Highgate [2018] FamCA 780

    28 Sep 2018

    FAMILY LAW – CHILDREN – Interim Parenting – Best interests of the children –Where consideration of applicable principles – Where father has long standing mental health issues and recent alcohol issues– Where father not fulsome in disclosure of his mental health issues – Where consideration of risk to the children – Where mother is the primary carer of the father – Where Independent Children’s Lawyer has concerns for the children in the father’s care – Where father has perpetrated family violence – Where mother should have sole parental responsibility – Where children to have supervised time with the father.

  • Snell & Snell [2018] FamCA 790

    04 Oct 2018

    FAMILY LAW – ORDERS – Contravention – Children – mother demonstrates reasonable excuse in respect of two counts - where contravention of final orders has been found on one count – no sanction imposed – order to suspend orders for the child to spend time with the father – no order as to costs

  • Murnane & Murnane [2018] FamCA 819

    08 Oct 2018

    FAMILY LAW – CHILDREN – Undefended final parenting hearing – Where the father disengaged from proceedings – Where the mother seeks sole parental responsibility and for the child to live with her – Where the mother seeks for the child to spend no time and not communicate with the father – Where there are allegations that the child has been sexually abused – Where the child spent time in Out of Home Care – Where the mother has been the child’s full time carer since leaving Out of Home Care – Where the father has not taken the opportunity to spend supervised time with the child – Where the Court is not satisfied that the father received adequate notice of the order sought by the Independent Children’s Lawyers – Court deals with the mother’s application on an undefended basis – Orders made for the mother to have sole parental responsibility and for the child to live with the mother – Orders made that the child to spend no time with the father.

    FAMILY VIOLENCE – Where the mother makes allegations of family violence against the father – Where an Intervention Order was in place against the father for the protection of the mother and the child.


  • Mousa & Kamil and Ors (No. 2) [2018] FamCA 815

    28 Sep 2018

    FAMILY LAW – CHILDREN – INTERIM PARENTING – interim overseas relocation – where child’s father seeks that the child relocate to live with him overseas - where child living with her step-sister’s father – where step-sister’s father no longer willing to care for the child – where very limited evidence as to the child’s relationship with her father – where Director-General of the Community Services Directorate indicates that should the child not relocate, emergency care may be warranted – where child’s mother seeks the child live with her - where child’s mother supports the child going to the father in preference to an emergency placement with the Department – where in child’s best interests to live with her father overseas on an interim basis.

  • Meese & Meese (No. 3) [2018] FamCA 807

    28 Sep 2018

    FAMILY LAW – CONTRAVENTION – where each count dismissed – consideration of costs – where applicant wholly unsuccessful – where application brought about by failure of respondent to provide children generally – no order as to costs.

  • Labonte & Labonte and Anor [2018] FamCA 755

    24 Sep 2018

    FAMILY LAW – PROPERTY – INTERIM APPLICATION – Where the wife has been the primary carer for the parties’ children – Where one of the parties’ children was born with a serious medical condition and requires constant care – Where the husband’s parents are the director and shareholder of the Second Respondent – Where the husband has executed certain documents dealing with matrimonial property unknowingly in breach of Court orders – Where the husband’s parents have not yet lodged those documents – Where injunctive relief is sought by the wife to protect matrimonial property – Where spousal maintenance is sought by the wife – Where a partial property distribution is sought by both parties – Where a dollar for dollar order is sought by the wife –Orders for an injunction in relation to the repayment of an entitlement of the Second Respondent made – Orders for an injunction in relation to the assets of a trust made – Orders for periodic and other spousal maintenance made – Orders for an interim property distribution in the wife’s favour made.

  • Kilshaw & Drummond [2018] FamCA 792

    21 Sep 2018

    FAMILY LAW – PROPERTY – interim order - where the application is by the mother for exclusive possession of the former family home – where the application is opposed by the father – where the application is supported by the Independent Children’s Lawyer – where the father is currently incarcerated – where the father has been charged with serious criminal offences - where the mother is granted exclusive occupation – where the parenting proceedings are being heard in the Magellan list – where it is in the children’s best interests that the mother be given exclusive occupation so that the mother and children may return to the property –  where there are allegations of extremely serious and unconscionable conduct by the father  – where there are allegations of sexual assault of children by the father – where the children have probably been exposed to severe domestic violence - where the mother had been forced to flee the property – where the mother is experiencing extreme financial hardship – where there has been involvement by the Department of Family and Community Services

  • Kadir & Nejiz [2018] FamCA 778

    28 Sep 2018

    FAMILY LAW – CHILDREN – Child related proceedings – Best interests of the children – Meaningful relationship – Need to protect the children from harm – Unacceptable risk – Where the father seeks orders that the children live with him and have no contact with the mother for three months – Where the mother seeks orders that the children live with her and spend no time with the father – Where the Independent Children’s Lawyer seeks orders that the children live with the mother and spend time with the father in accordance with their wishes – Where the mother alleges that the father has sexually abused the children – Where the father denies all allegations of misconduct on his part – Where previous family therapy has been unsuccessful in facilitating a relationship between the children and the father – Where the father alleges that the mother has sought to alienate him from the children – Where the Court finds that the father has likely not sexually abused the children – Where the Court finds that the children genuinely believe that they have been sexually abused by the father – Where the Court finds that requiring the children to spend time with the father would expose them to an unacceptable risk of psychological and/or physical harm – Orders made in accordance with those sought by the Independent Children’s Lawyer for the children to live with the mother and spend time with the father in accordance with their wishes.

  • Johanson & Johanson (No. 2) [2018] FamCA 806

    25 Sep 2018

    FAMILY LAW – COSTS – s 117 – where the matter heard was an interlocutory matter – where between party costs are awarded – where the husband is to pay the wife’s costs – where there is a dispute regarding a financial agreement – where the husband sought a declaration that the parties had abandoned the financial agreement - where the husband is seeking a declaration that the binding financial agreement is unenforceable – where the dispute regarding the enforceability of the financial agreement remains an issue for determination – where the court has the power to make costs if the Court is of the view that there are circumstances that give rise to costs – where the presumption that each party should bear their own costs is rebutted - here the husband has the financial capacity to meet a costs order – where the husband continues to be non-compliant with the terms of the financial agreement – where the husband’s non-compliance puts the wife in a difficult financial position – where the wife is entitled to rely on the financial agreement unless it has been set aside or there has been agreement otherwise – where the Court has exercised discretion in the awarding of costs

  • Gissing & Fuller [2018] FamCA 809

    08 Oct 2018

    FAMILY LAW – CHILDREN – Parenting – Subpoena – where the self-represented father had the court issue subpoenae to produce documents where he could not explain apparent relevance – where his trial evidence was the basis to judge relevance – where there was no relevance shown and as such, the subpoenae were an abuse of process and struck out.

    FAMILY LAW – INDEPENDENT CHILDREN’S LAWYER – where the father sought discharge of the appointment on the ground of bias – where the language in an outline of case of the Independent Children’s Lawyer was infelicitous, it was still robust and the advocacy role did not mean that the lawyer had not contemplated the positions of each parents and adopted the one that he thought best met the needs of the children – where there was no basis to discharge the law.


  • Gallego & Mackweth [2018] FamCA 787

    27 Sep 2018

    FAMILY LAW – PROPERTY – Undefended hearing – Application for case guardian dismissed – Non-disclosure – Mental Illness – Where the husband’s conduct has delayed the proceedings – Where the wife has incurred significant legal fees to finalise the proceedings – Findings unable to be made due to non-disclosure – Contributions of the wife impacted by family violence – Where the husband has received significant funds post-separation – Where the wife will have sole responsibility to support children. 

  • Faulkner & Dannel [2018] FamCA 824

    21 Sep 2018

    FAMILY LAW – CHILDREN – Interim proceedings – Supervision – With whom a child spends time – Best interests of the child – Where the father seeks to increase the amount of supervised time the child spends with him and change the supervisor – Where interim orders made by the Federal Circuit Court provided for the child to spend time with the child for one hour each week at a contact centre – Where the contact centre ceased compliance with the orders in August 2018 and the child currently spends two hours fortnightly with the father – Where the mother seeks new orders implementing the current arrangements at the contact centre – Where the mother asserts the child is at risk of being subjected or exposed to sexual abuse by the father – Where no evidence establishes the risk – Where the child enjoys a meaningful relationship with the father and is liable to derive benefit from the relationship – Where the Independent Children’s Lawyer supports the father’s application for increased supervised time – Where the Court is satisfied the child could benefit from gradually spending more supervised time with the father – Where the Court is satisfied the paternal grandmother will be a satisfactory and diligent supervisor – Where the Court orders it is in the child’s best interest to spend time with the father in a graduating arrangement under the supervision of the paternal grandmother.

    FAMILY LAW – CHILDREN – Parental responsibility – Where allegations of sexual abuse and past family violence are not tested in interim proceedings and no findings made – Where no determination of parental responsibility – Where matter is already listed for trial.


  • Englund & Englund [2018] FamCA 775

    28 Sep 2018

    FAMILY LAW – PROPERTY – Interim application – Where the wife seeks various injunctive interim property orders in relation to the preservation of the matrimonial pool – Where the wife seeks that certain monies be restored to the matrimonial property pool – The Court makes certain of the orders sought by the wife on the basis that both parties have acted without the consent of the other in dealing with the matrimonial pool since separation – The Court amends the orders sought by the wife so that they go no further than is necessary to protect the matrimonial pool – The Court declines to make certain orders sought by the wife on the basis that the matrimonial property pool can be adjusted to address the wife’s concerns at final hearing.

  • Donne & Scully [2018] FamCA 817

    12 Sep 2018

    FAMILY LAW – PRACTICE AND PROCEDURE – Application for Adjournment – Where father seeks an adjournment of the trial – Where the father is presently incarcerated – Where the mother opposes the adjournment – Where the proceedings have been on foot since 2016 – Where the father is not permitted to access internet whilst in prison or as a condition of his parole – Where the father cannot properly prepare for trial whilst incarcerated – Where the interests of justice lie in granting the adjournment. 

  • Department of Family and Community Services & Wearing and Ors [2018] FamCA 794

    27 Sep 2018

    FAMILY LAW – CHILDREN – With whom a child lives – Orders - Where the child is ordered to live with the mother – Where the proceedings commenced by way of consent orders filed by the paternal grandparents - Where there has been  significant involvement with, and intervention by the Department of Family and Community Services – Where there is a staged approach to the child living with the mother -  where all parties present risk factors for the subject child – Where there is a need to balance the various risk factors – Where there is a need to promote and foster the relationship between the mother and child – Where the mother needs to demonstrate that she is taking steps to address her drug dependence – Where the mother has a new partner whose behaviour represents a possible risk of harm - Where the father is no longer a party to the proceedings – Where the paternal grandparents have had care of the child - Where the paternal grandparents demonstrate an unwillingness to fully co-operate with the Department of Family and Community Services – Where the paternal grandparents are unable to demonstrate they have acted protectively of the child in relation to the father - Where the best interests of the child is the primary consideration when determining where the child lives – Where there is domestic violence present between all parties in the proceedings

  • Dawe & Short [2018] FamCA 785

    17 Sep 2018

    FAMILY LAW – CHILDREN –  PARENTING – Interim application – Where the child was born through in vitro fertilisation of the mother with the sperm of a male friend – Where orders have been made in the United Kingdom for the mother to relocate to Australia with the child and the father to spend time with the child – Where those orders have been registered in this Court –Where the mother and the child live in Australia – Where the father lives in the United Kingdom – Where the child has been diagnosed with autism spectrum disorder – Where the mother contends that the orders previously made should be varied – Where the Court is not satisfied that there are substantial grounds for believing that the child’s welfare requires that the Court exercise its jurisdiction in these proceedings – Application dismissed.

  • Commonwealth Central Authority & Sangster [2018] FamCA 765

    14 Aug 2018

    FAMILY LAW – CHILD ABDUCTION – Hague Convention – Objection to return – Grave risk of harm – Conditions to return.

  • Cao & Hong (No 2) [2018] FamCA 788

    03 Oct 2018

    FAMILY LAW – PROPERTY – Interim – Application to vary injunctions to allow funds to be raised for legal costs in Taiwan legal proceedings and working capital – Application for further discovery orders and direction to single expert

  • Bree & Bree and Anor [2018] FamCA 818

    08 Oct 2018

    FAMILY LAW – CONSENT ORDERS – PROPERTY – whether consent terms favouring the wife are just and equitable – unresolved characterisation of third-party receipts – where consent terms just and equitable. 

  • Appleby & Appleby [2018] FamCA 814

    08 Oct 2018

    FAMILY LAW – CHILDREN – Interim Parenting – where Children’s Court orders currently in place due to expire – oral application for sole parental responsibility ultimately not pressed – where order sought that one child spend no time with the father – where need to protect child from harm – where order for supervised time in relation to other child – where father alleges inability to pay for supervision – lack of sufficient evidence to determine who should bear the costs of supervision - appointment of Independent Children’s Lawyer.

  • Tennent & Tennent [2018] FamCA 708

    12 Sep 2018

    FAMILY LAW – CHILDREN – Interim Parenting – Where the mother raises concerns about the father’s parenting capacity and inappropriate behaviour with the child – Where the father raises concerns about the mother’s mental health and enmeshment with the child – Where the child seeks to spend more time with the father – Where the parents live a significant distance apart – Where the Family Consultant and the Independent Children’s Lawyer are supportive of the child spending more time with the father – Where supervised contact reports indicate no issues of risk or parenting capacity in the father’s time with the child – Where the parents appear to have polarised views of parenting – Where the evidence at this stage supports the contention that the mother is somewhat controlling and inflexible – Where it is appropriate for the child to spend gradually increasing time with the father – Where the father’s time with the child does not need to be supervised – Orders made substantially as proposed by the Independent Children’s Lawyer.

  • Salter & Salter and Ors [2018] FamCA 772

    27 Sep 2018

    FAMILY LAW – PROPERTY – Interim hearing – Whether to dissolve a partnership where two partners seek the dissolution and one partner opposes – Where the matter is listed for final hearing – Where there is no dispute between the partners – Where one partner seeks to attend an inspection and valuation of property

    FAMILY LAW – PROPERTY – Interim orders – Orders by consent


  • R Accountants & Matthews and Anor [2018] FamCA 801

    05 Oct 2018

    FAMILY LAW – BANKRUPTCY – Application by trustee of wife’s bankrupt estate to be joined in the proceedings – Where the wife was bankrupt – Where the bankruptcy has been annulled - Where there is disagreement as to application of surplus funds – Where the wife proposes transfer of the funds to her – Where the husband proposes a restraint on the trustee from dealing with those funds until further order of the Court or to a solicitor’s trust account nominated by the trustee – Where surplus funds arise from sale of a property purchased by the wife prior to her relationship with the husband – Where both parties are shareholders of a company – Where the husband, as sole director of the company, is obliged to direct funds to liabilities of the company – Where overall assets will be preserved pending final trial - Ordered funds be paid into the husband’s solicitors’ general trust account to pay liabilities incurred by the company

  • Preiss & Preiss (No. 2) [2018] FamCA 805

    21 Sep 2018

    FAMILY LAW – CASE MANAGEMENT– enforcement of orders–where husband fails to file admissible evidence to justify a s 79A claim–husband says he will get legal advice–adjournment with costs.

  • Norris & Matthews [2018] FamCA 802

    05 Oct 2018

    FAMILY LAW – PRACTICE AND PROCEDURE – Application by the wife to transfer proceedings from the Newcastle Registry to the Melbourne Registry – Where application is opposed by the husband despite living in Melbourne – Where the wife lives in New Zealand – Where the wife will have to travel to Australia regardless of whichever registry the matter is heard – Where the husband’s preference to maintain his current legal representatives in Newcastle is greater than the inconvenience of travelling to Newcastle – Where the matter will likely be brought to conclusion in Newcastle sooner – Application dismissed

  • Nathan & Weston [2018] FamCA 771

    27 Sep 2018

    FAMILY LAW – CHILDREN – With whom a child lives and spends time – Interim orders – Where the mother seeks to relocate internationally with the children during the interim – Best interests of the child – Where the mother seeks to take an international holiday with the children – Where there is no information before the court about the relationship the children have with the parties – Where the father concedes that he has historically had difficulty with over consumption of alcohol – Where supervision of the father’s time with the children is not required

    FAMILY LAW – PROPERTY – Interim property settlement – Whether to make orders for an interim settlement of property


  • Matthews & Norris (No. 3) [2018] FamCA 803

    05 Oct 2018

    FAMILY LAW – PRACTICE AND PROCEDURE – Vexatious proceedings – where the father sought an order pursuant to section 102QB(2) prohibiting the mother from instituting further proceedings under the Act on the basis the mother had frequently instituted proceedings in an Australian Court and has failed to prosecute some of those applications – where the mother has brought 15 applications against the father in respect of property and parenting – where parenting has been determined on a final basis – where the mother has made applications where she had little prospect of success – where the father has been awarded costs orders or had costs reserved – where the Court is satisfied that the mother has filed some vexatious applications – where the parties’ applications for adjustment of interest in property are yet to be determined – where a vexatious proceedings order has the capacity to disadvantage the mother who is self-representing and could delay final hearing  to the disadvantage of both parties – application dismissed

  • Matthews & Norris (No. 2) [2018] FamCA 800

    05 Oct 2018

    FAMILY LAW – COSTS – Where the father made an application for costs – Where there was non-appearance by or on behalf of the mother at Court for an application initiated by her to set aside child support assessment – Where that application and response were dismissed – Where the mother had made the decision not to attend Court prior to the event – Where a recovery order was made against the mother for return of the parties’ child the previous day – Application for costs as sought is granted

  • Macguire & Macguire and Ors [2018] FamCA 750

    21 Sep 2018

    FAMILY LAW – PROPERTY – Final orders – Where the wife and husband have been married for 18 years – Where they each brought properties into the marriage – Where the wife acquired an interest in a number of properties during the marriage together with her parents – Where the husband made improvements to the property of the parties during the marriage – Where post separation the wife continued to have primary care of the children – Where there has been a lengthy post separation period from 2008 to the hearing in 2016 – Where the wife made greater financial contributions and greater contributions as parent and homemaker during the marriage and following separation – Where the husband made greater non-financial contributions through improvements to the property – Where contributions are assessed to be 57.5 per cent in favour of the wife.

    FAMILY LAW – PROPERTY – Equity – Where the husband asserts that he holds an equitable interest in a property legally owned by the wife and her parents due to representations made by the wife and her father during the marriage – Where the husband argues that due to a reliance on these representations he made improvements to the property – Where there is insufficient evidence that those representations were made – Where the husband did not contribute to the purchase of the property and has no legal interest in the property.

    FAMILY LAW – PROPERTY – Where the wife holds a one-quarter legal interest in a property and argues that she holds this interest on trust for her parents – Where the wife’s parents hold a legal interest in the remaining three-quarters of the property – Where the wife says that she did not contribute to the deposit or the mortgage repayments – Where there is insufficient evidence to rebut the presumption of advancement – Where the Court is satisfied that the wife’s legal interest should be reflected in the balance sheet.


  • Lloyd & Arthurton [2018] FamCA 743

    19 Sep 2018

    FAMILY LAW – CHILDREN – Magellan proceedings – Best interests of the children – Where the children shall live and spend time – Where the children have meaningful relationships with both parents – Where the mother alleged the father’s physical abuse of the youngest child – Where the allegation of physical abuse by the father not proven – Where an older half-sibling was convicted of sexual abusing the youngest child while in the mother’s care – Where the youngest child had no contact with the older half-sibling following the allegations of sexual abuse – Where findings of past family violence were made – Where the parenting capacity of both parents is considered “adequate” – Where there was some impingement of the mother’s parenting capacity – Where the Family Consultant was of the view the children should continue to live with the mother – Injunction made restraining the children’s contact with the half-sibling – Ordered the children live with the mother – Ordered the children spend substantial and significant time with the father

    FAMILY LAW – CHILDREN – Parental Responsibility – Where the presumption of equal shared parental responsibility is rebutted in the children’s best interests – Where the parties are unable to communicate – Where the party with whom the children live should have exclusive parental responsibility – Ordered the mother have sole parental responsibility


  • Lerner & Little [2018] FamCA 764

    25 Sep 2018

    FAMILY LAW – CHILDREN – With whom a child spends time – Best interests of a child – Where the father filed an application seeking parenting orders by way of a review of a previous decision of a Registrar – Where the mother was in a three year relationship with a man who now faces criminal charges for grooming the parties’ daughter, other child sex offences, possession of a weapon and drug offences – Where there is conflict and inconsistency between the mother’s police statement and her affidavit relied upon on these proceedings – Where the Court is not satisfied that the mother will prevent the parties’ children coming into contact with her ex-partner and has concerns about the state of her emotional and mental health – Where it is not in the children’s best interests to be spending unsupervised time with the mother at this time – Where the Court appoints an Independent Children’s Lawyer and designates the matter as Magellan.

  • Lake & Lake (No. 2) [2018] FamCA 761

    24 Sep 2018

    FAMILY LAW – SLIP RULE – Whether an order should be made under the Slip Rule – Where there was indications in the final Judgment about an order that would be made – Whether such an order was made

  • King & King and Anor [2018] FamCA 762

    25 Sep 2018

    FAMILY LAW – CHILDREN – Parenting – application by father for time with children aged 15 and 12 years – not change of circumstances since last determination in 2013 which warrant re-examination of parenting arrangements – rule in Rice & Asplund – application dismissed

    FAMILY LAW – CHILDREN – Parenting – application by older sister of children for time with younger sisters – best interests – no time 


  • Kaube & Randall [2018] FamCA 749

    21 Sep 2018

    FAMILY LAW – CHILDREN – Best interests – Where there are allegations that the father has perpetrated family violence in a number of relationships – Where the father admits to being a perpetrator of family violence – Where the mother has symptoms of anxiety and post-traumatic stress triggered by the father spending time with the child – Where there are concerns about the father’s alcohol use – Where the expert recommends that the father undergoes long term psychotherapy – Where the father has not sought to change his behaviour – Where the child has only spent supervised time with the father since she was an infant – Where it is in the best interests of the child to spend no time with the father – Where the mother has sole parental responsibility for the child – Identity contact – Absence of evidence concerning frequency of identity contact in family law context.

  • Hejiz & Hejiz (No. 2) [2018] FamCA 776

    28 Sep 2018

    FAMILY LAW – COSTS – Where application for costs made by the wife – Where husband wholly unsuccessful – Where circumstances justify order for costs – Where husband wholly unsuccessful – Where submitted that husband had wilful disregard for the facts and the law – Where consideration of relevant principles - Where not appropriate to order indemnity costs – Where such costs assessed in a specific sum

  • Haroldson & Haroldson [2018] FamCA 681

    06 Sep 2018

    FAMILY LAW – CHILDREN – With whom a child lives – With whom a child spends time – Risk – Parental responsibility – Best interests of the child – Where the parties each seek sole parental responsibility

    FAMILY LAW – COSTS – Orders for costs in relation to attendance of mental health professionals at trial


  • Habib & Ibrahim (No. 2) [2018] FamCA 777

    28 Sep 2018

    FAMILY LAW – COSTS – Costs application made by the Independent Children’s Lawyer – Consideration of applicable principles – Where defended parenting proceedings – Where significant issues for determination – Where orders ultimately made as contended for by ICL - Ordered that each party pay by way of contribution to the Independent Children’s Lawyer’s costs the sum of $7,500.00.

  • Frost & Frost and Ors [2018] FamCA 727

    13 Sep 2018

    FAMILY LAW – CHILDREN – Parenting – Where the father was convicted of child sex offences and is currently incarcerated – Where the father seeks orders for shared parental responsibility and for communication with the children, as well as to spend time with them upon his release from prison – Where the paternal grandmother and aunt seek orders for time with the children – Where the mother opposes these applications and seeks that there be no communication other than letters, cards and gifts from the paternal family to the children – Where the mother is concerned about the children communicating with the father while he is in prison – Where there is a risk to the children grappling with exposure to differing views regarding the father’s incarceration – Where in the circumstances it is in the best interests of the children to put in place an arrangement that will support the mother as their primary carer – Where it is important to support the sibling relationship and different orders for each child may create a rift – Where it is ordered that the paternal family have no time and do not communicate with the children – Where it is ordered that the paternal family can send letters, gifts and cards to the children.

    FAMILY LAW – PRACTICE AND PROCEDURE – Intervenor – Standing – Application by the mother that the paternal aunt does not have standing to make an application for a parenting order – Consideration of s 65C(c) of the Family Law Act 1975 (Cth) – Where the children have had a relationship with the aunt over their lives but it is not a close relationship – Where the Court finds that s 65C(c) should not be interpreted narrowly and in the broad sense the aunt is a person concerned with the care, welfare and development of the children – Where the mother’s application is dismissed.


  • Fowles & Fowles (No. 4) [2018] FamCA 711

    12 Sep 2018

    FAMILY LAW – INTERIM PARENTING – procedure – oral application – urgent hearing sought – child’s right to be heard and consulted in accordance with the United Nations Convention on the Rights of the Child

    FAMILY LAW – INTERIM PARENTING – father’s objection to firearms as the basis of his objection to child’s (15 year old) participation in Cadets’ Camp

    FAMILY LAW – INTERIM PARENTING – ascertaining child’s best interests

    FAMILY LAW – COSTS – father to pay costs of the wife and the independent children’s lawyer


  • Farina & Lofts and Ors [2018] FamCA 763

    25 Sep 2018

    FAMILY LAW – PROPERTY – INJUNCTIONS Whether previous interim injunctions granted by consent should be set aside and replaced with fresh injunctions - What evidence is relevant – Whether serious issue to be tried – balance of convenience

  • Curtain & Curtain [2018] FamCA 769

    27 Sep 2018

    FAMILY LAW – PRACTICE AND PROCEDURE – Subpoenas – Legal professional privilege – Whether privilege attaches to file of solicitor in proceedings before another court – Dominant purpose – Whether there has been waiver of any privilege that may attach to the file by the disclosure of a letter containing a settlement offer

  • Currie & Wilkins (No. 2) [2018] FamCA 757

    25 Sep 2018

    FAMILY LAW – CHILDREN – Parenting – where the parties have been litigating over their four children for almost a decade.  Where the children (two groups of twins) are now 16½ and 14½ years and have spoken clearly about wanting the litigation to stop – where the children are aligned with their mother – where therapy attempts have been unsuccessful – whilst father insists that orders should still be made – where it would not be proper to make orders because of their wishes- where it would not be in their best interests to make the orders sought by the father but in their interests to cease contact orders as pursued by the mother.

  • Connor & Cosgrove and Ors (No. 2) [2018] FamCA 767

    26 Sep 2018

    FAMILY LAW – PROPERTY SETTLEMENT – Just and equitable – cohabitation of about fourteen years duration – five children – assessment of contributions – significance of wife’s contributions after 2006 and post separation

  • Challis & Challis [2018] FamCA 773

    27 Sep 2018

    FAMILY LAW – CHILDREN - Best interests – Where the mother concedes that the children do not face an unacceptable risk of harm from their father – Where the parties consent to equal shared parental responsibility and for the children to live in a week about arrangement from 2019 – Where the proposed consent orders are in the best interests of the children.

  • Caulfield & Tennyson [2018] FamCA 770

    24 Sep 2018

    FAMILY LAW – CHILDREN – Magellan proceedings – Best interests of the child – With whom the child shall live and spend time – Where the child has had no contact with the father since May 2017 – Where the child has no meaningful relationship with the father – Additional considerations – Where there are past allegations of the father’s sexual abuse of the older half-sibling – Where the father denies the allegations – Where there is a current apprehended violence order in place protecting the older half-sibling from the father – Where the test to be applied is whether there is an unacceptable risk of the child’s sexual abuse by the father – Where the father poses an unacceptable risk of sexual abuse to the child – Where the child lives with the mother – Where the child spends no time with the father – Where the mother determines, as an incident of her sole parental responsibility, if and when the child ever spends time or communicates with the father.

    FAMILY LAW – CHILDREN – Parental responsibility – Where parental responsibility is rebutted due to allegations of family violence – Where there is an imbalance of power in the parties’ parental relationship – Where the party with whom the child lives should have exclusive parental responsibility – Where mother has sole parental responsibility – Where the mother seeks to change the child’s surname to match the surname of his half-sibling – Where that would be inappropriate – Where the parties agree the child’s surname may be changed to match the mother’s surname – Where orders provide for the mother to change the child’s surname.


  • Bolton & Bolton and Anor [2018] FamCA 742

    19 Sep 2018

    FAMILY LAW – CHILDREN – Best interests of the children – Where the mother has disengaged from the proceedings – Where the proceedings are undefended – Where the mother has significant mental health concerns – Where the mother is prone to relapse with her mental health – Where the mother’s mental health affects her parenting capacity – Where the father has abused alcohol in the past – Where the Department of Family and Community Services have previously been responsible for the children – Where the father’s alcohol abuse is not ongoing – Where the children have been in the father’s care for three years – Where the children require stability – Where there is ongoing conflict between the parties – Where it is appropriate for the children to remain living with the father – Orders made.

  • Biondi & Koen [2018] FamCA 746

    28 Aug 2018

    FAMILY LAW – CASE MANAGEMENT – first day of hearing – directions for trial

    FAMILY LAW – EVIDENCE – need for expert evidence about enforceability  in Brazil of parental orders made in Australia – use of direct judicial communication – use of information published by the United States State Department on non-compliance by Brazil with its obligations under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.

    FAMILY LAW – INTERIM PARENTING – appropriate to re-assess parenting arrangements for young child after 12 months – maternal anxiety – interim parenting orders – no application for equal shared parental responsibility


  • Bhatt & Acharya [2018] FamCA 789

    07 Sep 2018

    FAMILY LAW – PROPERTY – Whether the husband holds real estate in Trust for the wife – Where the parties separated over a decade before the property was acquired – Where the wife claims the husband absconded with considerable amounts of the parties’ joint wealth -  Where there are written agreements which set out claimed debts owed between the parties and the ownership of the property – Where there are contradictory documents extant – Where the husband claims the agreements entered into were based on unconscionable conduct by the wife – Where the real estate is the subject of supreme Court of New South Wales proceedings by the mortgagor – contributions of the parties – s 75(2) factors – whether there should be a superannuation splitting order

  • Wooley & Wooley [2018] FamCA 756

    11 Sep 2018

    FAMILY LAW – CHILDREN – Parenting – final orders – where father does not attend but tells Independent Children’s Lawyer that he is not willing to proceed.

  • Wallace & Wallace (No. 2) [2018] FamCA 766

    26 Sep 2018

    FAMILY LAW – COSTS – Between parties – Circumstances justifying order – Indemnity costs.

  • Tarelli & Langley and Anor (No. 2) [2018] FamCA 768

    26 Sep 2018

    FAMILY LAW – COSTS – Where the father is seeking costs against the mother for an unsuccessful application to re-open proceedings [judgment reserved] and lead fresh evidence – Where the mother has not complied with orders to pay the father a sum of money by way of property adjustment - Whether costs be paid on an indemnity or party/party basis – Ordered the mother pay the father’s costs on a party/party basis as agreed or assessed – Ordered the costs be charged upon any asset of the parties’ de facto relationship.

  • Tao & Sterling [2018] FamCA 774

    26 Sep 2018

    FAMILY LAW – NULLITY – Application for a declaration of Nullity – Where one party was married in a foreign country prior to entering into the marriage with the other party.

  • Sully & Sully [2018] FamCA 786

    02 Oct 2018

    FAMILY LAW – PRACTICE AND PROCEDURE – Subpoena – where a party issues wide-ranging subpoenae to various banks without serving interested persons – Discussion about the difficulty in determining who is an interested person – Discussion about the need for lawyers to communicate with one another rather than just issue subpoenae.

  • State Central Authority & Shanli [2018] FamCA 715

    08 Jun 2018

    CHILD ABDUCTION – Hague Convention – wrongful removal – agreed return to Turkey subject to conditions under the Family Law (Child Abduction Convention) Regulations 1986.

    CHILD PROTECTION – no ability to have agreed orders made in Australia and rendered enforceable in Turkey under the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children – no simple and rapid procedure in Turkey – conditions could not be rendered enforceable.

    INDEPENDENT CHILDREN’S LAWYER – role in forum selection proceedings.


  • State Central Authority & Muteki [2018] FamCA 730

    27 Aug 2018

    FAMILY LAW – CHILD ABDUCTION – Hague Convention – Ex parte return date of return proceedings under the 1980 Hague Convention – safeguards and protective measures – appointment of an Independent Children’s Lawyer– anticipated tasks of an Independent Children’s Lawyer.

  • Scott & Nhan [2018] FamCA 751

    21 Sep 2018

    FAMILY LAW – PRACTICE AND PROCEDURE – Review of Registrar’s Decision – Objection to Subpoena.

  • Ryder & Bonham [2018] FamCA 781

    28 Sep 2018

    FAMILY LAW – COSTS – Appointment of experts – where husband has failed to comply with orders – where delay incurred - application for indemnity costs – where delay and non-compliance insufficient in this instance to warrant indemnity costs – costs ordered as agreed or assessed.

  • Rance & Rance [2018] FamCA 754

    21 Sep 2018

    FAMILY LAW – NULLITY – Application for declaration – Where at the time of the marriage the applicant was married to another person – Declaration of nullity granted

  • Pitman & Hynes and Anor [2018] FamCA 760

    28 Aug 2018

    FAMILY LAW – Parenting – application by mother for children to attend upon a psychiatrist – where the mother relies upon a referral from a general practitioner who has not seen the children for two years – where the application is opposed by the father as the primary carer of the children, the Independent Children’s Lawyer and the Department of Child Safety, Youth and Women – application dismissed.

    FAMILY LAW – Parenting – oral application by mother pursuant to s 121 of the Family Law Act 1975 for expert family report to be provided to general practitioner – leave granted.


  • Pirelli & Pirelli and Anor (No. 2) [2018] FamCA 758

    25 Sep 2018

    FAMILY LAW – COSTS – where the Applicant seeks the costs of her successful application for an order for departure from the administrative assessment of child support on an interim basis and that, on an interim basis, the First Respondent pay specified payments by way of non-periodic child support – where the Court is persuaded that the circumstances justify the making of an order for costs on a party/party basis but not persuaded that the circumstances are such as to warrant the making of an order for costs on an indemnity basis or on any basis other than on a party/party basis – where the First Respondent asserts financial incapacity to pay an order for costs – where costs to be paid within 30 days of the making of final orders or the final resolution of the proceedings

  • Oliver & Hughes [2018] FamCA 731

    14 Sep 2018

    FAMILY LAW – PROPERTY – competing applications for adjustment of interests in matrimonial property – Where the duration of the marital relationship is very much an issue – Where the wife asserts the parties lived together for five years – Where the husband asserts the parties lived together for 17 years with short periods of separation – Where the husband provided for the welfare and financial support for the wife, the parties’ child and the wife’s three children –Where the husband was unaware that the wife was in receipt of single parent Commonwealth benefits and of child support from her former husband during the relationship - Where the wife did not make full disclosure of her financial position –– Where contributions favour the husband – Where has a higher income earning capacity - Where it is just and equitable to make an adjustment - Orders made adjusting property interests 55/45 percent in favour of the husband – Splitting order made – Where the matter was referred to the Commonwealth Director of Public Prosecutions for investigation and prosecution of any offence

  • Olaf & Milne [2018] FamCA 734

    02 Aug 2018

    FAMILY LAW – CHILDREN – PARENTING – interim proceedings – where the mother makes an oral application to vary the current parenting arrangements – where one of the children has made an allegation of excessive physical discipline by the father – where the father concedes he physically disciplined the child – where both children have been engulfed by parental conflict for most of their life - where the Court cannot test the evidence at an interim hearing – interim orders made in the best interests of the children – proceedings listed for expedited final hearing

  • Odette & Lotto [2018] FamCA 733

    14 Sep 2018

    FAMILY LAW ENFORCEMENT OF ORDERS – where the wife seeks the enforcement of final property orders –  undefended hearing –  where the husband withdrew instructions from his solicitor and counsel during the day and left the Court precincts –  where the husband has failed to comply with final orders – orders made enforcing final orders.

  • Niet & Ang [2018] FamCA 753

    21 Sep 2018

    FAMILY LAW – NULLITY – Application for declaration – Where at the time of the marriage the applicant was married to another person – Declaration of nullity granted

  • Netis & Kipling [2018] FamCA 703

    12 Sep 2018

    FAMILY LAW – CHILDREN – Relocation – Where mother seeks to relocate with the child to the United States of America and spend block time with the father in holiday periods – Where the father opposes relocation and seeks the child should live with the mother and spend substantial and significant time with him – Where the greatest risk of harm to the child is the exposure to parental conflict – Whether the mother’s parenting capacity will diminish if she is not permitted to relocate – Where the mother’s parenting capacity would not be so adversely affected if she were not permitted to relocate – Where it is reasonably practicable for the mother to remain living in Australia – Where relocation would not shield the child from the parental conflict – Where relocation is not in the child’s best interests – Where the child is to spend equal time with the parties – Where the parties’ communication and conflict would not support equal shared parental responsibility – Where the mother is to have sole parental responsibility

    FAMILY LAW – PROPERTY – Interim Orders – Where wife seeks partial property settlement of $50,000 to be paid to her – Where this sum is not conservative and no order is made for partial property settlement – Where the husband seeks a reduction in the embargoed sum he is restrained from accessing – Where order is made for the reduction of the embargoed sum from $70,000 to $50,000 – property proceedings adjourned until after husband receives disability payment


  • Medapati & Revanka (No. 2) [2018] FamCA 738

    18 Sep 2018

    FAMILY LAW – PRACTICE AND PROCEDURE – Interim Order – Stay – Application for stay of interim orders pending hearing and determination of Appeal – Where Application is dismissed and costs ordered.

  • Meadows & Meadows (No. 2) [2018] FamCA 747

    16 Aug 2018

    FAMILY LAW – CHILDREN – application to vary current interim orders – where those orders are subject to an appeal application to be heard the next day – where it is not in the interests of justice or proper to determine the application to vary the orders until the determination of the appeal

    FAMILY LAW – PROPERTY – where the wife seeks disclosure and an order restraining the husband from liquidating and/or winding up the company - where the husband as sole director and shareholder has deregistered the company – no injunctive orders made – orders made for disclosure


  • Khodr & Khodr [2018] FamCA 702

    07 Sep 2018

    FAMILY LAW – CHILDREN – Interim hearing – Where the parents are in significant conflict – Where there are no allegations the children are at risk in either parent’s care – Where the oldest child is 18 – Where the middle child refuses to spend time with the father – Where the time spent with and attention paid to the children by the father prior to and post separation is in dispute – Where the paternal and maternal extended family are substantially involved in the dispute – Where the youngest child appears to have a positive relationship with both parents – Orders made for the middle child to spend time with the father as per her wishes and for the youngest child to spend gradually increasing time with the father. 

    FAMILY LAW – PROPERTY – SPOUSAL MAINTENACE – Interim hearing – Where the wife seeks lump sum and periodic spousal maintenance – Where the wife is unable to adequately support herself – Where the financial circumstances of the husband and the husband’s business are somewhat unclear – Where the husband has capacity to support the wife – Where the wife has not demonstrated why she could not seek part time work – Where the legal basis for lump sum spousal maintenance is unclear – Orders made for the husband to pay the wife periodic spousal maintenance of $500 per week.


  • Grohl & Acland [2018] FamCA 732

    14 Sep 2018

    FAMILY LAW – DE FACTO RELATIONSHIPS – DECLARATION – Whether the parties’ personal relationship was a de facto relationship within the meaning of s 4AA of the Family Law Act 1975 (Cth) – Where the parties had two children together and lived together on a genuine domestic basis - Where the evidence supports a finding that the parties were in a de facto relationship commencing on a date between 1991 and 1995 until 26 January 2004 and from November 2005 until 6 March 2016.

  • Diem & Ngoc [2018] FamCA 752

    21 Sep 2018

    FAMILY LAW – NULLITY – Application for declaration – Where at the time of the marriage the applicant was married to another person – Declaration of nullity granted.

  • Department of Child Safety, Youth and Women & Zakaria [2018] FamCA 699

    11 Sep 2018

    FAMILY LAW – CHILD ABDUCTION – Hague Convention – Application for the return of children to New Zealand – Mother relocated to Australia in May 2017 leaving the children in their father’s care in New Zealand – Father consented to the children travelling to Australia for a holiday – children retained in Australia by their mother after the April 2018 school holiday period – Whether the father subsequently acquiesced in the children being retained in Australia – Whether there is a grave risk that the return of the children to New Zealand would expose them to physical or psychological harm or otherwise place them in an intolerable situation – Whether the children object to being returned to New Zealand – Whether the children’s objection shows a strength of feeling beyond the mere expression of a preference or of ordinary wishes – Order for return made

  • Department of Child Safety, Youth And Women & Ponsford [2018] FamCA 759

    24 Sep 2018

    FAMILY LAW – CHILD ABDUCTION – Hague Convention – Child retained in Australia after the end of a holiday period – Application under the Hague Convention for the return of the child to New Zealand – prima facie case for return order established – interim order made

  • Contadini & Georgiou [2018] FamCA 701

    12 Sep 2018

    FAMILY LAW – CHILDREN – With whom a child lives – International relocation – Where the mother seeks to relocate to a European country with the child – Where the mother will relocate irrespective of the outcome of these proceedings – Best interests of a child – Meaningful relationship – Where the mother and father currently have an equal shared care arrangement – Following hearing orders are made on an interim basis and the matter to be reconsidered at a later date

  • Biddick & Etier [2018] FamCA 744

    29 Sep 2018

    FAMILY LAW – BANKRUPTCY – operation of consent orders – effect of bankruptcy – where wife has become bankrupt - where trustee has not made election to continue proceedings within 28 days – where proceedings deemed abandoned – where wife retains aspect of right to litigate – matter re-listed for directions.

  • Anison & Anison (No. 3) [2018] FamCA 748

    21 Sep 2018

    FAMILY LAW – COSTS – where the husband seeks an order that the wife pay his costs of and incidental to the proceedings on a standard basis – where the husband seeks an order that the wife pay his costs of and incidental to certain aspects of the proceedings, which occurred before the disjoiner of an entity previously joined to the proceedings by the wife, on a standard basis – where the wife seeks an order that the husband pay her costs of and incidental to the proceedings on an indemnity basis, or alternatively,  pay her costs as assessed on the standard basis – where the wife seeks an order that the husband pay her costs of and incidental to an interim application by which she sought the provision of funds for the litigation and a spousal maintenance order and a mandatory injunction directing that the husband apply to Centrelink for certain documents 

  • Anison (No. 2) [2018] FamCA 745

    21 Sep 2018

    FAMILY LAW – COSTS – where an entity previously joined to property settlement proceedings between the parties but subsequently disjoined on the basis that the Court concluded that the Applicant Wife had no reasonable prospects of succeeding in her claims against it seeks costs against the Wife on an indemnity basis in either a fixed amount or as agreed or assessed or, alternatively as assessed on a party and party basis – where the Applicant Wife seeks the Application be dismissed and that she and the entity each bear their own costs – Application dismissed – each of the entity and the Applicant Wife to pay their own costs of and incidental to the entity’s application for costs

  • Agar & Dunst [2018] FamCA 782

    10 Jul 2018

    FAMILY LAW – PROPERTY – Superannuation – Consent Orders – Application to set aside superannuation orders made prior to the commencement of superannuation legislation – Impracticability – Order made splitting superannuation

  • Zeng & Jing and Anor (No. 2) [2018] FamCA 716

    12 Sep 2018

    FAMILY LAW – CHILDREN – Parenting – where the husband seeks a two stage approach to the contact orders for a child not quite three years of age, the second stage being that when he obtains appropriate accommodation, it be extended to overnight – where the court says that such an order is inappropriate without knowing what impact such an increase in time would have on the child – where the wife opposes the extensive nature of the first stage of the orders proposed but the court finds that having regard to the wife’s willingness to have had the child in her care at times immediately around separation, there is no foundation for such concern about the husband’s capacity – orders made.

    FAMILY LAW – PROPERTY – where the husband seeks a partial property settlement on an urgency basis but the evidence from the wife and her mother as second respondent is either incomplete or not filed at all and the court is unable to discern who has what interests in what property – order for partial property settlement refused but the husband may bring further application when evidence is clear.

    FAMILY LAW – PROPERTY – where the husband seeks injunctive relief relating to the disposal of assets including an application under s 106B of the Family Law Act 1975 (Cth) – where the evidence supports the granting of injunctions and to which both and second respondent consent but there is not sufficient evidence to find that the husband’s interests of claim may have been defeated because it may be that the property does not belong to the husband and the wife – application for s 106B orders is refused.


  • Woodham & Woodham and Ors [2018] FamCA 721

    11 Sep 2018

    FAMILY LAW – COSTS

  • Wembley & Wooten (No. 2) [2018] FamCA 698

    11 Sep 2018

    FAMILY LAW – PRACTICE AND PROCEDURE – application for priority – application dismissed.

  • Waverley & Labelle [2018] FamCA 710

    06 Sep 2018

    FAMILY LAW – PARENTING PROCEEDINGS – psychiatric assessment of mother by same psychiatrist as has assessed the father – case management – sundry issues in respect of which independent children’s lawyer arranged for matter to be mentioned – possible change of schools – counselling for one child – child travelling on public transport – communication between parents – mediation.

  • Trebiano & Trebiano (No. 2) [2018] FamCA 707

    12 Sep 2018

    FAMILY LAW – PRACTICE AND PROCEDURE – APPLICATION FOR STAY – Where application for stay pending Appeal to Full Court – Final property orders – Consideration of applicable principles – Where the nub of the appeal concerns sale of a property – Where to not grant the stay would render the appeal nugatory – Where the wife is entitled to assume the judgment is correct – Where the husband remains in occupation of the home – Where absent a stay the wife would have funds to house herself independently without recourse to her capital superannuation fund – Where it is appropriate to grant a stay on the conditions that the husband pay a periodic sum to the wife and pay property outgoings  – Orders made.

  • Thompson & Bane [2018] FamCA 709

    12 Sep 2018

    FAMILY LAW – ORDERS – Stay – Whether to stay final parenting orders pending appeal 

  • State Central Authority & Muteki (No 2) [2018] FamCA 783

    06 Sep 2018

    FAMILY LAW – CASE MANAGEMENT – Hague return application to New Zealand– directions for trial

    FAMILY LAW – CHILD ABDUCTION – use of protective measures - endorsement of four step process outlined by United Kingdom Supreme Court in  Re E (Children) (FC) [2011] UKSC 27 with modifications for Australian conditions

    FAMILY LAW – CHILD ABDUCTION – direct judicial communication between Australia and New Zealand

    FAMILY LAW – CHILD ABDUCTION – case management – requesting parent refused to participate in mediation


  • Soglia & Soglia [2018] FamCA 705

    10 Sep 2018

    FAMILY LAW – PRACTICE AND PROCEDURE – Adjournments – where the Applicant seeks an adjournment of the trial on the first morning of trial – where the Respondent opposes the adjournment – application refused

  • Soglia & Soglia (No. 2) [2018] FamCA 706

    10 Sep 2018

    FAMILY LAW – PRACTICE AND PROCEDURE – Adjournment – where Counsel for the Applicant granted leave to withdraw from the balance of proceedings – where the Applicant then terminates instructions of her solicitor and appears unrepresented – where the unrepresented Applicant makes an oral application for an adjournment of the trial – where the proceedings are adjourned to a date to be advised

    FAMILY LAW – PRACTICE AND PROCEDURE – where leave is granted to the Applicant to inspect documents produced under subpoena – where the Respondent has leave to inspect documents produced under subpoena in respect of which there is no claim for legal professional privilege – where the Applicant shall prepare a list of those documents in respect of which privilege is claimed


  • Rickard & Rickard (No. 2) [2018] FamCA 713

    12 Sep 2018

    FAMILY LAW – COSTS – Where application for costs made in respect to interim issues – Where consideration of applicable principles – Where circumstances justify departure from general rule – Where husband to pay 75 per cent of the wife’s costs as agreed or as assessed on party/party basis.

  • Ravin & Czerkaski [2018] FamCA 714

    01 May 2018

    FAMILY LAW – CHILDREN – interim orders – consent orders – where the trial commenced –  where the mother previously asserted the father and his wife had engaged in inappropriate behaviour with the children – where the mother’s position now is that she accepts that her interpretation of alleged disclosures by the children and her interpretation of events and behaviours may have been incorrect – order that the mother engage in treatment with a psychologist or psychiatrist – order that the parties and children engage with therapeutic intervention – order that the father spend unsupervised time with the children –  where the family consultant gave evidence in relation to the interim orders – where the family consultant confirmed in her evidence that the proposed orders represent what she described as a positive step – family consultant has confirmed that the approach adopted by the parties in these interim orders is appropriate and in their best interests – satisfied that pursuant to s 60CC that the orders in the best interests of the children.

  • Preiss & Preiss [2018] FamCA 720

    11 Sep 2018

    FAMILY LAW – PROPERTY – enforcement – adjournment as husband had not filed material – costs thrown away – interim orders to satisfy part of wife’s entitlement.

  • Peters & Ashwood [2018] FamCA 700

    11 Sep 2018

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

  • Pascoe & O'Keefe [2018] FamCA 741

    14 Sep 2018

    FAMILY LAW – ORDERS – CONTRAVENTION – whether orders contravened with reasonable excuse – where no reasonable excuse – where makeup time ordered – costs – where respondent wholly unsuccessful – order for respondent to participate in parenting program.

  • Mousa & Kamil and Anor [2018] FamCA 740

    14 Sep 2018

    FAMILY LAW – Application for order compelling party to provide child for medical testing – whether order appropriate – where insufficient evidence to demonstrate impact upon party – where insufficient evidence to demonstrate what medical testing may involve – where not appropriate to make the order – application refused. 

  • Millar & Oakley (No. 5) [2018] FamCA 724

    12 Sep 2018

    FAMILY LAW – CHILDREN – Parenting – Interim application for change of residence by husband – where evidence is lacking – where background includes international abduction – where court has given parties opportunity to file material but husband’s does not justify any orders – application dismissed.

    FAMILY LAW – SPOUSAL MAINTENANCE – finding on the papers that husband does not have the present capacity to pay.


  • Micelotta & Modarelli [2018] FamCA 739

    12 Sep 2018

    FAMILY LAW – PRACTICE AND PROCEDURE – Application for expedition – impacts of delay – where impact upon husband – where significant demonstrated impact upon wife – application for expedition granted.

  • KLD & SCVG [2018] FamCA 735

    17 Sep 2018

    FAMILY LAW – PRACTICE AND PROCEDURE – amendment under the slip rule – omission of order.

  • Holbert & Holbert (No. 2) [2018] FamCA 723

    12 Sep 2018

    FAMILY LAW – COSTS – where court critical of wife’s solicitors yet application for costs is made against wife.  Not sufficient basis to say it is just to depart from s 117.

  • Gorman & Huffman [2018] FamCA 712

    12 Sep 2018

    FAMILY LAW – PRACTICE AND PROCEDURE – Review of Registrar’s order – Where Registrar refused application for extension of time to file further application – Where Review by way of hearing de novo – Where applicable principles considered – Where ordered that application for extension of time be dismissed – Where any application for costs be by way of written submission.

  • Durkheim & Horton [2018] FamCA 719

    11 Sep 2018

    FAMILY LAW – SPOUSAL MAINTENANCE – variation – reduced income – all capital spent – order made.

  • Drummond & Calder [2018] FamCA 718

    11 Sep 2018

    FAMILY LAW – PROPERTY – interim property order – where the evidence is confusing – not satisfied it is just and equitable to exercise the discretion.

  • Department of Family and Community Services & Kayasinghe [2018] FamCA 697

    11 Sep 2018

    FAMILY LAW – CHILD ABDUCTION – Hague Convention – Application by the Secretary of the Department of Family and Community Services for the return of the child to Sri Lanka – Where the mother travelled to Australia with the child – Where the parties initially agreed that the child would remain living in Australia – Where the father later formed an intention that the child be returned to Sri Lanka – Where the Court finds that the child was not habitually resident in Sri Lanka at the time of his alleged wrongful retention in Australia – Application dismissed.

  • Cousins & Peake (No. 2) [2018] FamCA 729

    29 Aug 2018

    FAMILY LAW – STAY PENDING APPEAL – interim parenting decision

    FAMILY LAW – CASE MANAGEMENT – a number of outstanding applications

    FAMILY LAW – RECUSAL – of judicial officer


  • Cliff & Kahmann [2018] FamCA 717

    31 Aug 2018

    FAMILY LAW – CHILDREN – Parenting  – whether time should be supervised or unsupervised – basis for risk requiring supervision – allegations of alcohol and other drug abuse – allegations of family violence – question of party’s mental health – where injunctions sought requiring treatment – basis for injunctions generally – where insufficient evidence provided to allow granting of injunctions.

  • Chikuwa & Madut (No. 2) [2018] FamCA 725

    18 Jun 2018

    FAMILY LAW – CHILDREN – interim orders – where the father did not attend the hearing – where the children are in South Sudan – orders that the mother have telephone/Skype communication with the children no less than once per week – where the orders are not opposed.

  • Bendon & Bendon [2018] FamCA 722

    12 Sep 2018

    FAMILY LAW – CHILDREN – Parenting – interim orders – where final orders have been extant for some years which restrict the mother’s time with the children of her relationship with the father – where the mother wants to re-open those orders – where her application is for a family report which is resisted by the father – s 11F order made.

    FAMILY LAW – PROPERTY – where final orders relating to property transfer are still not finalized.  Orders made under s 106A of the Act.

    FAMILY LAW – CHILDREN – Parenting – internal travel opposed by wife.  Orders made.


  • Beadle & Goodridge and Ors [2018] FamCA 737

    14 Mar 2018

    FAMILY LAW – PRACTICE AND PROCEDURE – Joinder of liquidator – transfer to Federal Circuit Court of Australia operates to vest that court with original jurisdiction in Corporations Law