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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.

  • SCVG & KLD (No 2) [2017] FamCA 721

    18 Aug 2017

    FAMILY LAW – Application to review cost assessment order – dispensing with rules

  • Bloomfield & Grainger and Anor (No 4) [2017] FamCA 723

    19 Sep 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the First Respondent seeks an evidentiary ruling pursuant to s 192A Evidence Act 1995 (Cth) – Where the discretion is exercised in favour of not making the ruling at this time.

  • SCVG & KLD (No 3) [2017] FamCA 722

    14 Sep 2017

    FAMILY LAW – COSTS –Costs fixed  Review of costs assessment orders – failure to prosecute

  • SCVG & KLD [2017] FamCA 720

    03 Jul 2017

    FAMILY LAW – Application to review cost assessment order – dispensing with rules

  • Brownslow & Pierce [2017] FamCA 718

    25 Aug 2017

    FAMILY LAW – DE FACTO RELATIONSHIPS – Where the parties disputed the nature and length of their relationship – Where the respondent asserted the relationship lasted a year, whereas the applicant asserted to a 10 year relationship – Where the respondent’s evidence was the relationship became hostile and dysfunctional but the applicant remained in the relationship – Where the respondent conceded the length of the relationship – Declared that the relationship existed for 10 years

    FAMILY LAW – PROPERTY SETTLEMENT – De facto – Where the respondent is incarcerated – Where final parenting orders provide for the child to live with the mother and spend no time with the father – Where the respondent made greater financial contributions whereas the applicant has had sole care of the child since separation – Where the applicant will bear the whole of the financial obligations for the child – Where the respondent does not pay child support – Concluded a substantial adjustment should be made in favour of the applicant due to her continuing obligations to the child – Concluded a 54 to 46 per cent property settlement in the favour of the applicant is just and equitable

    FAMILY LAW – COSTS – Legal aid – Where the Legal Aid Commission of New South Wales has caveats secured against the property from legal fees incurred in the respondent’s criminal trial – Where the debt to Legal Aid was incurred after separation and is personal to the respondent – Ordered the debts to Legal Aid are paid from the respondent’s share of the sale of property


  • Vesey & Lygon [2017] FamCA 717

    15 Sep 2017

    FAMILY LAW – CHILDREN – Allegations of abuse – Where both the mother and father have a long history of illicit substance abuse – Where the mother and father have criminal convictions – Where the father has intellectual impairments and an Anxiety Disorder with depressive features – Where the mother has Schizoaffective Disorder – Where the Mother makes allegations that the father raped the children – Court found that the children have suffered significant harm of a detrimental effect to their physical, psychological and/or emotional wellbeing due to the actions of both the mother and father – Court found there is an unacceptable risk of future harm to the children – Where the Department of Communities, Child Safety and Disability Services have been requested to remove the children from the mother.

  • Crittenden & Collins [2017] FamCA 716

    15 Sep 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – INTERIM – INJUNCTION – Legal Professional Privilege – Where the wife sought that the husband’s solicitors be restrained from acting for the husband – Where documents were obtained by the husband’s solicitors which were confidential between the wife and her solicitors – Where there is no issue that the documents in question are on their face privileged – Where there is no doubt the husband knew the documents were confidential before providing them to his solicitors – Court ordered that the husband be restrained from instructing the current solicitors during the currency of proceedings – Court ordered that the husband destroy all copies of the documents forthwith and be restrained from using information derived therefrom.

  • Re: Tahlia [2017] FamCA 715

    08 Sep 2017

    FAMILY LAW – CHILDREN – MEDICAL PROCEDURES – GENDER DYSPHORIA – Gillick competent and able to consent

  • Mitchell & Mitchell (No 3) [2017] FamCA 714

    11 Sep 2017

    FAMILY LAW – APPLICATION TO VARY INTERIM ORDERS – Barrow Order – FAMILY LAW – COSTS – No material change to warrant variation

  • Saller & Danell (No 2) [2017] FamCA 712

    22 Aug 2017

    FAMILY LAW – PROPERTY – procedural orders – application for adjournment – application for extension of time to comply with final orders – application of rule 11.03 of the Family Law Rules 2004 - application dismissed – costs reserved.

  • Mercer & Friedson and Anor [2017] FamCA 711

    14 Sep 2017

    FAMILY LAW – CHILDREN – Best Interests – Undefended final hearing – Where the applicant is a non-parent – Where both parents have disengaged from proceedings – Where there are allegations of family violence and drug use – Where there are serious concerns as to each parent’s capacity to care for the children – Where the applicant paternal grandmother has had primary care of both children for nearly two years – Where there are no concerns as to the capacity of the paternal grandmother to care for the children – Where orders made as sought by the paternal grandmother.

    FAMILY LAW – PRACTICE AND PROCEDURE – Where both parents have disengaged from the proceedings – Where both parents have been multiple opportunities to participate in the proceedings – Where it is appropriate to proceed on an undefended basis. 


  • Bennett & Bennett [2017] FamCA 710

    14 Sep 2017

    FAMILY LAW – PROPERTY ADJUSTMENT – Where consideration of parties contributions overall – Where consideration of relevant s 75(2) factors – Where appropriate that small asset pool be divided as to 55 per cent to the wife 45 per cent to the husband.

  • Tarelli & Langley and Anor [2017] FamCA 708

    14 Sep 2017

    FAMILY LAW – CHILDREN – Interim Orders – Best Interests – Where the Department of Family and Community Services has intervened in the proceedings – Where the Department urgently seeks parental responsibility and care of the child – Where there are serious concerns as to the mother’s mental health and personality functioning – Where objective evidence reveals a risk that the mother’s parenting capacity is diminished by her mental health issues and personality dysfunction – Where the child has a limited relationship with the father – Where the father has been assessed as being able to provide for the needs of the child – Where the Department proposes to supervise the father’s care of the child – Where it is appropriate to make orders for the Department to have parental responsibility and determine the child’s live with arrangements – Orders made accordingly.

  • Okien & Nhan [2017] FamCA 707

    08 Sep 2017

    FAMILY LAW – INJUNCTIONS – Where husband appears to defy orders as is evidence from his own former solicitor’s letter to the solicitor for the wife – where restraint on the husband is appropriate having regard to his movement of funds overseas

  • Matlock & Burrell and Ors [2017] FamCA 706

    24 Aug 2017

    FAMILY LAW – CHILDREN – best interests – where the father has not participated in the trial – where orders were made in the absence of the father – where the paternal grandmother seeks orders that the child spend time with her – order that there be no order for the child to spend time or communicate with the father or paternal grandmother – order that in December each year the maternal grandmother shall cause to be sent to the paternal grandmother a brief communication containing two recent photographs of the child pertaining her educational progress and her state of emotional and physical health.

  • Chilton & Gorman [2017] FamCA 705

    08 Sep 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Appointment of a Case Guardian – Where the Respondent’s daughter seeks to be appointed as Case Guardian – Where Queensland Civil and Administrative Tribunal appointed the Respondent’s daughter guardian for the Respondent’s personal matters and administrator for all financial matters – Where the Respondent remains living in a secure residential care home – Application granted.

  • Collingwood and Anor & Unknown [2017] FamCA 704

    08 Sep 2017

    FAMILY LAW – ADOPTION – Application for leave to commence proceedings – Step-parent adoption – Where the biological father is unknown – Application granted.

  • Harrington & Harrington and Anor [2017] FamCA 703

    13 Sep 2017

    FAMILY LAW – CHILDREN – PRACTICE & PROCEDURE – where the Court requests the intervention of the relevant state child welfare authority.

  • Swan & Collinson [2017] FamCA 702

    08 Sep 2017

    FAMILY LAW – CHILDREN – Application by the father to review the Senior Registrar’s decision in relation to parenting arrangements – Where the matter comes before the Court as a hearing de novo – Where the father currently spends supervised time with the child and is seeking unsupervised time – Where there are serious concerns relating to the child’s behaviour – Where a single expert report will be available to the Court in a number of months – Where supervision by the paternal grandmother would not allay the mother’s concerns – Where the current interim arrangements should remain in place until such time as the Court has the benefit of the single expert’s report and recommendations – Application dismissed.

  • Hogan & Nazarin [2017] FamCA 701

    06 Sep 2017

    FAMILY LAW – CHILDREN – Interim proceedings – Where appropriate for interim application to be heard ex parte – Where there are allegations of domestic violence – Where there is a provisional apprehended domestic violence order against the father protecting the mother and child – Where there is a risk of physical violence and/or psychological harm – Where the father is currently in custody – Where the Court has grave concerns for the mother and the child – Consideration of best interests considerations – Where orders made as sought by the mother

  • Adamson & Fuller and Ors [2017] FamCA 700

    08 Sep 2017

    FAMILY LAW – COSTS

  • Packer & Fulton [2017] FamCA 699

    07 Sep 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the Respondent made an oral application for a further short adjournment of the part heard hearing of a Contravention Application – Application granted.

  • Anderson & Taybor [2017] FamCA 698

    01 Sep 2017

    FAMILY LAW – ORDERS – Contravention – Where allegation that the child was not made available for time ordered – Where order alleged to have been breached does not state when child is to be made available – Where evidence does not demonstrate a  breach of the court order – Where Court not satisfied there is a prima facie case on mother’s application –– Where Application for Contravention dismissed

  • Gardiner & Morgan [2017] FamCA 697

    21 Aug 2017

    FAMILY LAW – CHILDREN – With whom the child spends time – Where the father discontinues the entirety of his application – Where the mother seeks the final hearing proceed undefended – Where the child requires protection from exposure to family violence – Where it is not safe for the child to have a relationship with the father due to restrictions on the father’s capacity – Ordered no time between the child and father unless agreed in writing with the mother

  • Skeates & Skeates [2017] FamCA 696

    11 Sep 2017

    FAMILY LAW – SPOUSAL MAINTENANCE – Interim proceeding – distribution of funds

  • Hamza & Rabi [2017] FamCA 695

    11 Sep 2017

    FAMILY LAW – ORDERS – consent orders refused by Registrar - whether consent orders just and equitable – where consent orders fall within broad range of what is just and equitable

  • Merritt & Merritt [2017] FamCA 694

    12 Sep 2017

    FAMILY LAW – CHILD ABUSE – Magellan – Best interests – Where there are allegations that the father sexually abused the parties’ daughter – Where the child has made disclosures about the father – Where the father denies any sexual abuse – Whether the father presents an unacceptable risk – Where an order is made that the father spend no time with the children. 

  • Hadfield & Harris [2017] FamCA 693

    31 Aug 2017

    FAMILY LAW – CHILD SUPPORT –Provisional order from Canada for child maintenance – Reg 39 of Family Law Regulations – modification and confirmation

  • Attorney Generals Department & Sciacia [2017] FamCA 692

    31 Aug 2017

    FAMILY LAW – CHILD SUPPORT –Provisional order from Canada for child maintenance – Reg 39 of Family Law Regulations – modification and confirmation

  • Coburn & Garner (No 2) [2017] FamCA 691

    25 Aug 2017

    FAMILY LAW – Contravention – no reasonable excuse  – bond and post separation parenting course.

  • Landy & Bartels [2017] FamCA 690

    08 Sep 2017

    FAMILY LAW – CHILDREN – Application by mother seeking parenting orders – With whom a child lives – With whom a child spends time – With whom a child communicates – Whether there should be an order for joint parental responsibility - Allegations that children are at an unacceptable risk of abuse in the unsupervised care of the father – Orders by consent that the eldest child live with the mother – Order by consent that the mother have sole parental responsibility for the eldest child – Orders by consent that the father spend time and communicate with the eldest child as agreed between the parties and in accordance with the eldest child’s wishes - Orders by determination that the youngest child live with the mother - Orders that father spend supervised time with the youngest child – Specific Issues Orders - Injunctive Orders

  • Gardiner & Robbins [2017] FamCA 689

    08 Sep 2017

    FAMILY LAW – INJUNCTION – exclusive occupancy of a home for the purposes of a sale.

  • Elkhouri & Amatullah [2017] FamCA 688

    06 Sep 2017

    FAMILY LAW – PROPERTY – property of unknown value – contracts with third-parties to the relationship

  • Perton & Hungerford [2017] FamCA 687

    21 Feb 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – AFFIDAVIT – attendance at family therapy

  • Re: Dana [2017] FamCA 686

    29 Aug 2017

    FAMILY LAW – CHILDREN – MEDICAL PROCEDURES – Gender dysphoria – Application for Stage 2 treatment for gender dysphoria – Where the child is 17 years of age – Where a declaration is made that the child is Gillick competent to consent to Stage 2 treatment.

  • Herouz & Herouz [2017] FamCA 685

    06 Sep 2017

    FAMILY LAW – CHILDREN – PARENTING ORDERS – INTERIM – Application for interim parenting orders – Where the father seeks equal shared care of the parties’ three young children – Where the mother has made allegations of family violence against the father – Where equal shared care is not appropriate – Orders made for the children to continue to live primarily with the mother and spend time, including overnight time, with the father.

    FAMILY LAW – PROPERTY – INTERIM – Where each parent seeks sole occupation of the former matrimonial home – Orders made for the mother, who has primary care of the children, to have exclusive occupation of the former matrimonial home.
  • Eakins & Higgins [2017] FamCA 684

    06 Sep 2017

    FAMILY LAW – CHILD SUPPORT – Where child support is not available as the children are not resident in Australia – Where the husband has ample funds to contribute to the children’s maintenance – Orders for the husband to pay $1,150 per week by way of child maintenance.

    FAMILY LAW – SPOUSAL MAINTENANCE – Where the wife has substantial savings – Where the wife is not unable to support herself – s 72 Family Law Act 1975 (Cth) – Application for spousal maintenance dismissed.

    FAMILY LAW – PROPERTY – INTERIM – Where a payment to the wife of $200,000 would not be a payment that is not recoverable in the final hearing – Orders made for the husband to pay $200,000 to the wife.

    FAMILY LAW – INJUNCTIONS – Interim orders made restraining the husband from disposing of properties.
  • Chifley & Ha [2017] FamCA 683

    06 Sep 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – JOINDER – Where the wife sought to join a third party to the proceedings on the basis of a claim pursuant to s 106B of the Family Law Act 1975 (Cth) – Where the wife failed to comply with the requirements in rule 6.03 of the Family Law Rules 2004 (Cth) – Where, at the commencement of the hearing, the wife abandoned her claim to join the third party.

    FAMILY LAW – COSTS – INDEMNITY COSTS – Application for costs in relation to the wife’s application to join a third party to the proceedings – Whether it is appropriate to order indemnity costs – Where the wife, in maintaining her application to join the third party, caused significant costs to the third party without a proper basis for so doing – Where if the matter had proceeded the wife would have been unsuccessful in her claim against the third party – Order that the wife pay the third party’s costs on an indemnity basis as agreed or assessed.


  • Barlow & Jarman [2017] FamCA 682

    06 Sep 2017

    FAMILY LAW – CHILDREN – PARENTING ORDERS – where there is a long history of litigation and a previous final hearing – where orders arising from that did not work successfully – where the mother concedes major issues leaving supervision and the extent of her time only to be determined.

  • Gresham & Gresham (No 2) [2017] FamCA 681

    05 Sep 2017

    FAMILY LAW – CHILD SUPPORT – Child support departure application – Where the father seeks that the Court make an order departing from administrative assessment of child support to be paid by the mother – Where there are two children the subject of proceedings – Where the children currently live with the father and spend time with the mother – Where the Court ordered that the administrative assessment provisions be departed from and fixed at $25,000, payable by the mother.

  • Verdinck & Stevens [2017] FamCA 680

    04 Sep 2017

    FAMILY LAW – PROPERTY – Application for an adjustment of property interests – Where the parties were in a de facto relationship – Where it is just and equitable to make an order – Adjustment made in the applicant’s favour of 10 per cent due to her lower earning capacity and care for the parties’ children – Where the applicant is to retain 40 per cent of the net assets – Where the applicant is to retain the parties’ former home and a cash payment from the respondent.

    FAMILY LAW – PROPERTY – CONTRIBUTIONS – Where the de facto relationship between the applicant and respondent had two distinct phases – Where the parties conducted their financial affairs differently in each period – Where it is appropriate to consider the contributions made in each period separately – Where the entirety of the parties’ current assets have their genesis in the respondent’s initial contribution – Overall contributions assessed at 70 per cent to the respondent and 30 per cent to the applicant.

    FAMILY LAW – PROPERTY – WASTE – Whether the respondent’s conduct of prolonging the litigation amounted to waste – Consideration of Kowaliw & Kowaliw (1981) FLC 91-092 – Where it is not found that the respondent acted recklessly, negligently or wantonly with matrimonial assets – Where the threshold in Kowaliw is not satisfied.


  • Barnes & Barnes and Anor (No. 3) [2017] FamCA 679

    04 Sep 2017

    FAMILY LAW – COSTS

  • Blaney & Hutchins [2017] FamCA 676

    21 Aug 2017

    FAMILY LAW – CHILDREN – With whom a child lives – Relocation – Where the mother sought interim orders to relocate with the child overseas for 10 months to enable her to continue her employment – Where the father opposes that application – Section 60CC considerations – Where the child suffers from autism spectrum disorder and attention deficit hyperactivity disorder – Where the child would be required to be removed from his primary carer if no orders were made for the child to relocate with the mother –Where the mother is required to relocate overseas to maintain her current employment – Orders made which permit the mother to travel overseas with the child for the limited period of 10 months on condition that arrangements are made to facilitate travel by the father and or the child so that they spend time together on not less than 3 occasions in the 10 month period

  • Barnes & Barnes and Anor (No. 2) [2017] FamCA 675

    21 Jul 2017

    FAMILY LAW – DISCOVERY – legal professional privilege claimed – where the court examines whether the wife acted inconsistently with the maintenance of the privilege – where it is held that no waiver has occurred.

    FAMILY LAW – INJUNCTIONS – COSTS – Where the wife alleges collusion to obtain injunctive relief but then subsequently withdraws the allegation – costs application against the wife successful.


  • Creese & Lapthorne [2017] FamCA 655

    25 Aug 2017

    FAMILY LAW – JURISDICTION – De facto relationship – Where applicant sought alteration of property interests pursuant to s 90SM of the Family Law Act 1975 (Cth) –  Where applicant sought a declaration that a de facto relationship had existed between the parties within the meaning of s 90SB of the Family Law Act 1975 (Cth) –  Where the respondent sought a declaration that a de facto relationship never existed between the applicant and the respondent – Consideration of the circumstances set out in s 4AA(2) of the Family Law Act 1975 (Cth) – Where the parties were living together in a de facto relationship – Where threshold of two year cohabitation is not satisfied – Where the applicant had made substantial contributions but was unable to establish that a failure to make a property order would result in a serious injustice –   Application dismissed.

  • Goldman & Goldman (No. 4) [2017] FamCA 678

    24 Aug 2017

    FAMILY LAW – CHILDREN – Stay application – Where the appellant father seeks a stay of parenting and property orders pending an appeal – Where an order was made for no contact between the respondent mother and the children for a minimum period of four weeks – Where time between the children and the mother was then to commence, first in a contact centre then by a known person. Thereafter unsupervised time during the day to commence - Concluded suspending operation of the order for unsupervised time pending appeal achieves balance between the emotional safety of the child and the maintenance of the relationship between the child and respondent

    FAMILY LAW – PROPERTY – Stay application – Where the appellant father seeks a stay of property orders pending an appeal – Where the respondent mother had the option of acquiring the interest of the father in matrimonial property, otherwise sale – Where the father is concerned the bank will foreclose on the property – Where the sale or transfer to a third party of the property would render the appeal nugatory – Stay of property orders granted.


  • Goldman & Goldman (No. 3) [2017] FamCA 677

    27 Feb 2017

    FAMILY LAW – INTERLOCUTORY – Application for an adjournment on first day of hearing– Where there is an active JIRT investigation of the father  – Where the mother seeks an adjournment until the JIRT investigation has concluded – Where the single expert report indicates a change of residence should be considered, depending on the truthfulness of the mother’s allegations - Concluded there is urgency and a need for the examination of all issues – Ordered the adjournment application is dismissed

  • Tesoriero & Sonora [2017] FamCA 674

    01 Sep 2017

    FAMILY LAW – CHILDREN – Best Interests – Where the father has disengaged from proceedings – Where there are allegations the father hits the child – Where the father plead guilty to assault of the child – Where there was an apprehended domestic violence order in place protecting the child from the father – Where the child has expressed fear of the father – Where orders made as sought by the mother. 

    FAMILY LAW – PRACTICE AND PROCEDURE – Undefended hearing – Where the father has disengaged from the proceedings – Where the father’s legal representatives were unable to contact him and withdrew – Where it is appropriate for the matter to proceed on an undefended basis. 


  • Sudanna & Modhi [2017] FamCA 673

    01 Sep 2017

    FAMILY LAW – CHILDREN – Where the father has pending criminal proceedings and is currently incarcerated – Where it is appropriate for the matter to proceed undefended – Where there are allegations of family violence – Where there are allegations the father has physically assaulted the child – Where there are serious concerns as to the father’s mental health and parenting capacity given his recent offences – Where the father poses an unacceptable risk of harm to the child – Where the mother seeks to relocate to Melbourne with the child – Where it is appropriate to make orders for the mother to have sole parental responsibility and for the child to live with her.

  • Musil & Cullen and Anor [2017] FamCA 672

    01 Sep 2017

    FAMILY LAW – CHILDREN – Best Interests – Where the applicant is a non-parent – Where the paternal aunt seeks parenting orders – Where the mother and father are in New Zealand – Where the child was born in Australia – Where the child was left in the care of the paternal family by the mother when she returned to New Zealand – Where the parents have disengaged from the proceedings – Where there are concerns as to the parenting capacity of both parents – Where the father has been convicted of sexual abuse of his daughter – Where the mother has had her two older children removed from her care by Child Youth and Family in New Zealand – Where the child was to be removed from the care of the parents by Child Youth and Family if she had been born in New Zealand – Where the paternal aunt has been the primary carer of the child for over 18 months – Where the child identifies the paternal aunt as her mother – Where no concerns are held as to the parenting captivity of the paternal aunt – Orders made.

    FAMILY LAW – PRACTICE AND PROCEDURE – Undefended hearing – Where the father has never participated in the proceedings – Where the mother has only intermittently engaged in the proceedings – Where both parents have disengaged from the proceedings – Where it appropriate for the matter to proceed to undefended hearing.


  • Cai & Hsueh [2017] FamCA 671

    01 Sep 2017

    FAMILY LAW – ENFORCEMENT – Where parties entered into binding financial agreement – Where disagreement as to effect of the financial agreement – Where issue as to agreed funds owing to wife by the husband and payment of same – Where otherwise appropriate to make orders to give effect the parties’ common intention.

  • Jillet and Anor & French [2017] FamCA 670

    21 Aug 2017

    FAMILY LAW – CHILDREN – LEAVE TO ADOPT – Step-parent adoption – Where the biological father has not spent time with the child since he was a baby – Where the step-father has a close and loving relationship with the child – Where it is in the best interests of the child for leave to be granted – Where leave is granted.

  • Porter & Porter [2017] FamCA 669

    10 Aug 2017

    FAMILY LAW –PROPERTY- Enforcement of Orders – Where there is an application to enforce property settlement orders - Where an application has been foreshadowed under s 79A of the Family Law Act 1975 (Cth) contesting the validity of the property settlement orders– Where the Court did not exercise discretion to grant an enforcement order where it may give preference to one creditor over others - Where the application is dismissed

  • Forlan & Forlan [2017] FamCA 668

    31 Aug 2017

    FAMILY LAW – FINANCIAL – CONTRAVENTION – Where orders of the Court restrained the husband from disposing, selling or transferring assets unless he provided the wife with a contract of sale and notice of receipt of the proceeds of sale – Where the wife alleges the husband contravened these orders on multiple occasions in relation to sales of assets – Whether the wife has established a contravention in relation to each allegation – Whether the husband has a reasonable excuse for failing to comply with the orders – Where many of the allegations of the wife are found to have been established.

  • Montoya & Montoya [2017] FamCA 667

    31 Aug 2017

    FAMILY LAW PROPERTY – Interim – Where the parties are seeking competing applications for various interlocutory orders – Where the wife seeks orders for interim litigation costs finding, spousal maintenance in periodic and lump sum form, appointment of an accountant as an adversarial expert witness and specific disclosure – Where the husband opposes some of these orders

  • Wei & Xia and Ors [2017] FamCA 666

    29 Jun 2017

    FAMILY LAW – INTERLOCUTORY – Injunctions – Preservation of property – Where the applicant seeks injunctions in relation to four corporations – Where the husband acquired interest in one corporation after separation – Concluded injunctive relief will only apply to three of the corporations – Where the third and fourth respondents assert their proprietary entitlement to extract capital from the commercial entities – Where the extraction of capital will prejudice the wife’s rights and entitlements in the proceedings – Concluded the wife has established her entitlement to injunctive relief

    FAMILY LAW – INTERLOCUTORY – Spousal maintenance – Where both parties depose to expenditure well above their means – Where the husband has no apparent capacity to pay spousal maintenance – Where the parties have sufficient equity in real property that can be used to meet their respective needs – Concluded there is no option but for the parties to use their own capital to support themselves


  • Barker & Wylie and Anor [2017] FamCA 665

    29 Aug 2017

    FAMILY LAW – CHILDREN – With whom the children live – Where the mother’s parenting capacity is impaired by drug use – Where the parenting capacity of the father is impaired by immaturity and self-absorption – Where both parties have confidence and trust in the paternal grandmother – Where the children associate the home of the paternal grandmother with certainty, comfort and easy contact with the paternal family – Where the paternal grandmother has maintained a respectful and cooperative relationship with the mother and been careful not to be drawn into the conflict between the parents – Where the paternal grandmother will support a relationship between the children and mother – Concluded that sole parental responsibility should vest in whom the children live with – Order the children live with the paternal grandmother

  • Kay & Hunter [2017] FamCA 664

    27 Jun 2017

    FAMILY LAW – CHILDREN – final orders – where the father seeks to withdraw his application – where the mother seeks to withdraw her application –where the parties have entered into a parenting plan for the child to live with the parents on a week-about basis – where the Independent Children’s Lawyer does not endorse or oppose the parenting arrangements – order made granting the parties leave to withdraw their applications – order made releasing the maternal grandmother from an undertaking.

  • Peters & Giannopoulos and Ors [2017] FamCA 663

    30 Aug 2017

    FAMILY LAW – PROPERTY – Interim orders – Property application involving two trusts (second and third respondents) – Where wife subpoenaed second and third respondents for the production of documents – Where second and third respondents oppose production of documents – Where second and third respondents argue production spans 21 years and is oppressive – Consideration of ‘apparent relevance’ of production sought to wife’s case – Where wife’s case is that the second and third respondents’ assets are held on constructive/resulting trust for the husband – Where there is a lack of relevance between documents sought under production and wife’s case – Held: oppressive items in subpoenae struck out.

    FAMILY LAW – PROPERTY – Interim orders – Where wife argues that the second and third respondents’ assets are held on constructive/resulting trust for the husband – Where wife’s evidence does not particularise the equitable principle relied up and the relief sought – Where orders made for the wife to file a statement of contentions of fact and law relied up to better inform the parties of her position.

    FAMILY LAW – PROPERTY – Interim orders – Valuation – Where wife seeks valuation of second and third respondents’ assets and valuation of trusts by accountants – Where orders sought are opposed – Where cost of valuations will be substantial – Where wife seeks husband cover her cost of valuations – Where husband’s interest is as a mere beneficiary – Where it is held that the wife should particularise her position before orders made for valuations – No orders made.

    FAMILY LAW – PRACTICE AND PROCEUDRE – Disclosure obligations – Consideration of a party’s obligation to make disclosure in the preliminary stages of proceedings – Where there is an obligation to provide documents which are directly relevant to the main issues – Where documents need only have apparent relevance to the main issue in the proceedings.


  • Davids & Davids [2017] FamCA 662

    30 Aug 2017

    FAMILY LAW – PROPERTY – Interim orders – Partial property settlement – Where husband seeks partial property settlement of $411,500 – Where husband fails to establish compelling circumstances for $411,500 partial property settlement – Where husband seeks litigation funding of $100,000 – Where husband alleges wife has not made full and frank disclosure – Where disclosure by wife is adequate – Where both parties seek that the husband receive $100,000 – Where husband disputes wife should receive partial property settlement of $50,000 – Where there are appropriate circumstances for wife to receive partial property settlement – Application granted.

  • Hunter & Filmore [2017] FamCA 661

    28 Aug 2017

    FAMILY LAW – PROPERTY – Final orders – By consent – Appointment of Case Guardian to represent the wife – Consideration of whether orders are just and equitable – Orders made.

  • Darrow & Malden and Ors (No. 2) [2017] FamCA 660

    28 Aug 2017

    FAMILY LAW – COSTS – JURISDICTION – Where the application was dismissed for want of jurisdiction – Where the proceedings to determine if the Court had jurisdiction were proceedings in the inherent jurisdiction of the Court, not proceedings under the Family Law Act 1975 (Cth) – Where s 117 of the Family Law Act 1975 (Cth) does not apply –  Where pursuant to s 79 of the Judiciary Act 1903 (Cth) costs should be determined in accordance with the Civil Procedure Act 2005 (NSW).

    FAMILY LAW – COSTS – Application by the respondents for indemnity costs – Wholly unsuccessful – Where the proceedings should never have been brought in the Family Court – Disregard of clearly established law – Second, third and fourth respondents entitled to indemnity costs – First respondent entitled to indemnity costs up until the date that the issue of jurisdiction was raised – Whether applicant and first respondent’s legal advisers should be ordered to pay some or all of the costs – Orders made for further submissions.


  • Reilly & Sully (No.2) [2017] FamCA 659

    21 Jul 2017

    FAMILY LAW – CHILDREN – INTERIM PROCEEDINGS – whether there is a significant risk of retaining the child in contravention of orders

  • Goudarzi & Bagheri [2017] FamCA 656

    24 Aug 2017

    FAMILY LAW – PRACTICE AND PROCEDURE - Where an application for the production of documents is opposed due to legal professional privilege - Where it is contended that privilege has been waived due to representations made about state of mind when entering into previous orders - Where there has been a concession that privilege has been waived for some documents - Where the relevant law is common law as the privilege claimed is in relation to production of documents rather than admission into evidence - Where objection is rejected and leave is granted to inspect documents

  • Brock & Brock And Ors [2017] FamCA 654

    18 Aug 2017

    FAMILY LAW – CHILDREN - INTERIM

  • Bloomfield & Grainger & Anor (No. 3) [2017] FamCA 653

    24 Aug 2017

    FAMILY LAW – INTERIM – INJUNCTION – Where the First Respondent previously provided an Undertaking not to transfer, assign, convey or further mortgage or encumber the relevant property without at least 14 days prior notice in writing to the Applicant’s solicitors – where the First Respondent as seller and Ms Grainger as purchaser entered into a contract for the sale of the relevant property in December 2016 and the First Respondent informed the Applicant of this specific contract in August 2017 - Where the Applicant sought an injunction to prevent the First Respondent from dealing with or further encumbering the relevant property – Where Applicant offered usual undertaking as to damages – Application for injunction granted.

  • Tien & Biggens [2017] FamCA 652

    25 Aug 2017

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

  • Annissa & Haura and Anor [2017] FamCA 651

    25 Aug 2017

    FAMILY LAW – PARENTING – Where the Secretary, Department of Family and Community Services has intervened – Where significant history of parental neglect and lack of  supervision as to the children – Where significant history of Departmental intervention – Where children removed from the mother’s care by order in late 2015 – Where children shortly before final hearing restored to the mother’s care by the Department – Where father refuses to engage with the Department – Where consideration of the children’s best interests – Where Minister for Family and Community Services to hold parental responsibility for the children and for the time the children spend with both parents.

  • Re: Blaine [2017] FamCA 647

    23 Aug 2017

    FAMILY LAW – CHILDREN – Where the parents sought a declaration that their child is competent to consent to the administration of Phase 2 treatment for Gender Dysphoria – Where Phase 1 treatment commenced 18 months prior to hearing – Where the child has explored the risks of Phase 2 treatment with those that best understand it including appropriately qualified practitioners – Concluded the child is Gillick competent and can authorise his own phase 2 treatment – Declared that the child is competent to consent to Phase 2 treatment – Order made suppressing the identities of the parties and the publication of any information that would identify them

  • Kadejevic & Kadejevic [2017] FamCA 644

    25 Aug 2017

    FAMILY LAW – CHILDREN – INTERIM PROCEEDINGS – Where the mother sought a variation to consent orders – Where the mother is recovering from a history of alcohol addiction – Where the father opposed to the variation of consent orders – consideration of Rice v Asplund – Court considers the mother’s application to vary consent orders on the basis of the mother’s commitment to rehabilitation in respect to her history of alcohol addiction and the period of time that she has abstained from consuming alcohol – Consideration of section 60CC factors – Court finds that there would be an unacceptable risk in allowing the children to spend time with the mother without a responsible adult whilst at early stages of recovery from alcohol addiction – Court finds it is impracticable to make an order for the children to spend equal or substantial and significant time with the mother – Court finds children’s time with the mother should be increased consistent with the availability of the maternal grandmother – Orders varied.

  • Teel & Teel [2017] FamCA 642

    15 Aug 2017

    FAMILY LAW – INTERIM – Dismiss application to join third party – costs

  • Morton & Guest [2017] FamCA 658

    23 Aug 2017

    FAMILY LAW – CHILDREN – Where the husband seeks an order to change the high school currently attended by the parties’ eldest child – Where there is evidence that the child is settled in at the current high school – Where an order is made for the parties’ eldest child to remain enrolled at her current high school.  

    FAMILY LAW – PROPERTY – Where the parties disagree as to who should be responsible for the payment of a taxation liability owed by a partnership operated by the parties during their relationship – Where the parties’ contributions were equal during the relationship – Where there is a significant disparity in earning capacity between the parties and the husband has produced no evidence in relation to his current financial circumstances – Where an order is made for the husband to be responsible for the taxation liability and professional fees owing to accountants.


  • Lenard & Rogers [2017] FamCA 657

    16 Aug 2017

    FAMILY LAW – CHILDREN – Where there is no appearance by the wife – Where previous orders to attempt therapeutic intervention to improve the children’s relationship with their father have not been implemented – Where final orders provided for the children to live with their father but the children have not seen their father for about 18 months – Where orders are made discharging the final orders so that the children live with their mother but still spend half school holidays with their father albeit in a different pattern to the previous orders.

    FAMILY LAW – PROPERTY – Where final orders provided for a 55/45 division of funds in favour of the wife – Where the husband obtained a costs order against the wife – Where monies are directed to be paid to the husband before the division of funds held in trust.


  • Elhage & Alfarsi [2017] FamCA 650

    25 Aug 2017

    FAMILY LAW – CHILDREN – Where application for discharge of Watch List order restraining father from leaving Australia – Where order in place for father to procure return of children to Australia from Iraq – Where no evidence that father has taken any steps to comply with such order – Where some doubt as to the mother’s circumstances – Where not appropriate to discharge order – Application dismissed.

  • Atkinson & Atkinson [2017] FamCA 649

    25 Aug 2017

    FAMILY LAW – ORDERS – Application to extend the time for filing an application for review of a Registrar’s orders – Where concurrent application seeking relief under s 79A of the Act – Where the issues are substantive raising questions of common or unilateral mistake and properly the subject of an application under s 79A of the Act – Application for leave to review out of time dismissed.

  • Atuk & Atuk [2017] FamCA 648

    25 Aug 2017

    FAMILY LAW – COSTS – Application for costs of discrete parenting application – Where objectively at outset prospects of application poor – Consideration of general principles – Where order made for mother to pay father’s costs.

  • Nardini & Nardini [2017] FamCA 646

    25 Aug 2017

    FAMILY LAW – CHILDREN – INTERIM PARENTING – Where the mother has suffered from mental health issues – Where the children currently live with the father and spend time with the mother on a supervised basis – Where the mother sought orders for the children to spend additional time with her under the supervision of the maternal grandparents rather than a professional service – Where the father supported the mother’s application for additional time but wants that time to remain supervised by a professional service – Court finds that it is appropriate for the children’s time with the mother to remain supervised by a professional service due to the uncertainty as to the extent of the mother’s recovery from mental illness – Court finds that the current interim parenting orders are an appropriate interim arrangement pending the final hearing of the matter – No additional orders made.

  • McFadden & Shinners [2017] FamCA 645

    07 Aug 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – where the matter was not ready to proceed on the first day of trial – where there is a lack of information as to the child’s current circumstances – trial date vacated – procedural orders made.

    FAMILY LAW – CHILDREN – Magellan list – interim orders – consent order made for the child to spend supervised time with the father through a private contact service – order made that the mother and father jointly share the cost of the contact service.


  • Jacobova & Stein (No 2) [2017] FamCA 643

    02 Aug 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – injunction – where the wife seeks the continuation of an order restraining the husband from causing a passport to issue in his name – where an order is made extending the restraint until further order.

    FAMILY LAW – COSTS – order made for the husband to pay the wife’s costs.


  • Glavas & Forsyth and Anor [2017] FamCA 641

    25 Aug 2017

    FAMILY LAW – CHILDREN – Allegations of the father’s sexual abuse of one child and that he poses an unacceptable risk of harm to the children – Where the Independent Children’s Lawyer rejected the allegations and the maternal grandmother eventually resiled from the allegations – Where the father, maternal grandmother, and Independent Children’s Lawyer tendered written terms of settlement – Where the State child welfare authority asserted the allegations of sexual abuse were substantiated, refused to join in the settlement, and refused to withdraw from the proceedings – Where analysis of the evidence reveals flaws and peculiarities which debase the reliability of the allegations – Findings of the Court are not dictated by conclusions reached by the child welfare authority, though evidence adduced by it forms part of the body of evidence placed before the Court – Concluded the evidence did not satisfactorily demonstrate any risk of the father causing harm to the children by their sexual abuse – Orders made reflecting, but not replicating, the joint proposal of the father, maternal grandmother and Independent Children’s Lawyer

  • Hudson & Acland [2017] FamCA 640

    24 Aug 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Where an application for the production of documents is opposed due to legal professional privilege – Where it is contended that privilege has been waived by conduct – Where the relevant law is common law as the privilege claimed is in relation to production of documents rather than admission into evidence – Where there is no inconsistency between the conduct of the applicant and the maintenance of confidentiality attracted to communications with his lawyers – Where the application is dismissed.

  • Moss & Ralph [2017] FamCA 639

    24 Aug 2017

    FAMILY LAW – COSTS – Costs of the Independent Children’s Lawyer – Where the father appeared at final hearing unrepresented and unprepared – Where without the assistance of the Independent Children’s Lawyer the final hearing would likely not have been able to proceed at all – Where the father failed to put financial information before the Court – Order as to costs

  • Cutress & Cutress [2017] FamCA 638

    21 Aug 2017

    FAMILY LAW – Interim proceedings – Whether to make s 79 order – whether to make s 117 order

  • Erington & Erington [2017] FamCA 637

    24 Aug 2017

    FAMILY LAW – PROPERTY – Where the matter was set down for final hearing but the indebtedness of the husband has made the entitlement to property unclear with actions pending from lenders and Australian Taxation Office – where the wife disputes the indebtedness but has filed vague evidence –where there are four properties which the parties agree have to be sold and it is likely that they will be subsumed by debt-final hearing about property converted to interlocutory hearing about asset liquidation.

    FAMILY LAW – CHILDREN – where there is a modest dispute about the husband’s time with the one child of the marriage – where there was no reason for that to be adjourned regardless of the property matter – where the wife does not stay to participate-matter proceeds in wife’s absence.

    FAMILY LAW – CHILD SUPPORT – Where wife brings a claim without supporting evidence.

    FAMILY LAW – SPOUSAL MAINTENANCE – Where wife seeks annual lump sum payable monthly but provides no evidence that would enable an order to be made.

    FAMILY LAW – LITIGATION FUNDING – Where wife again seeks litigation funding as she is unrepresented –  no new evidence enables such an order to be made.


  • Draper & Roiland [2017] FamCA 636

    22 Aug 2017

    FAMILY LAW – CHILDREN – With whom the children live – Where the children live with the mother and the father proposed reversal of the children’s residence – Where the children have meaningful relationships with both parents – Whether the children are able to derive a full measure of benefit from both filial relationships while they live with the mother – Where the father will promote the children’s relationships with the mother – Where the modest success of interim orders suggests it is unnecessary to take the drastic step of reversing the children’s residence – Where the mother vigilantly attends to the children’s medical needs, the mother’s financial circumstances are at least equal to the father’s, and it would be beneficial for the children to live with their half-sibling – Ordered the children live with the mother

    FAMILY LAW – CHILDREN – Parental responsibility – Where the parties cannot share parental responsibility – Where the parties do not trust each other – Where the mother has stopped speaking with the father altogether – Concluded sole parental responsibility should vest in the parent with whom the children live – Ordered the mother have sole parental responsibility


  • Tillman & Tillman [2017] FamCA 635

    16 Aug 2017

    FAMILY LAW – Enforcement – property order

  • Saunders Beddoe [2017] FamCA 634

    10 Aug 2017

    FAMILY LAW – CHILDREN – FINAL – Where interim orders were previously made by consent which provided for the father to complete an anger management course – Where the children have spent no time with their father in almost three years – Where the father has failed to involve himself in court proceedings – Where the father failed to engage in anger management and therapeutic counselling – Where there is a history of family violence between the parties – Where the presumption of equal shared parental responsibility is rebutted –  Where the children are fearful of their father –  Where the mother has sole parental responsibility for the children – Where the children are to spend no time with the father.

  • Hase & Welham [2017] FamCA 633

    18 Aug 2017

    FAMILY LAW – CHILDREN – interim orders – practicality of relocation – availability of visa - relocation refused

  • Kalben & Auton [2017] FamCA 632

    16 Aug 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – application to adduce further evidence – application to appoint a single expert

  • Simpson & Simpson [2017] FamCA 631

    22 Aug 2017

    FAMILY LAW – PROPERTY – final orders – undefended hearing – where the wife has not participated in the proceedings – orders made for the sale of the former matrimonial home – balance of the proceeds of sale to be divided equally between the husband and wife – order made for the equalisation of superannuation interests.

  • Fulton & Packer [2017] FamCA 630

    11 Aug 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Service – Where the Applicant is unable to effect special service by hand of an Application for Contravention as the Respondent has not filed a Notice of Address for Service –Where service of documents upon the Respondent will be deemed to have been effected provided that such documents are transmitted to the Respondent via email.

  • Bayden & Joyce [2017] FamCA 629

    22 Aug 2017

    FAMILY LAW – RECOVERY ORDER APPLICATION – response to application seeks to vary parenting orders – where the evidence is vague and relies largely on what three year old child says – where reliance on pieces of opinion from psychiatrist which did not influence determination of earlier orders – where agreement reached to return child but minor dispute continues – orders made.

  • Callan & Bruen [2017] FamCA 628

    22 Aug 2017

    FAMILY LAW – CHILD SUPPORT – non periodic payment of private school fees – where the husband was ill and sought an adjournment – where no update material had been filed for six weeks after the case was earlier adjourned – orders made.

  • Bowers & Bowers [2017] FamCA 627

    22 Aug 2017

    FAMILY LAW – CHILDREN – PARENTING – Where the parties have three children – Where both parties sought orders for the children to live with themselves and spend time with the other parent – Where both parties acknowledge that it is in the children’s best interests to have a meaningful relationship with each parent – Consideration of section 60CC factors – Orders made for the mother and father to have equal shared parental responsibility – Orders made for the children to live with the mother but spend substantial and significant time with the father – Orders made for graduated increase in time that the children spend with the father.

    FAMILY LAW – PROPERTY – Where the parties have made an equal non-financial contribution to improving the value of their  properties – Court finds that a 5 per cent adjustment should be made in favour of the wife due to her greater initial contributions to the matrimonial property – Court finds that a further 7.5 per cent adjustment should be made to the wife due to the wife’s ongoing responsibility as the primary carer of the parties’ children – Orders made for the husband to transfer to the wife his interest in the former matrimonial property and for the wife to transfer to the husband her interest in a property adjacent to the former matrimonial property – Orders made for one of the parties’ properties to be sold and the sale proceeds to be distributed 62.5 per cent to the wife and 37.5 per cent to husband after the payment of all relevant disbursements, and appropriate adjustments and the amount necessary to equalise the parties remaining mortgages.


  • Ogilvy & Ogilvy [2017] FamCA 626

    22 Aug 2017

    FAMILY LAW – PROPERTY – INTERIM – Where there are competing applications on whether a Points of Claim document should be filed – Where there are questions about the validity of a financial agreement purported to be signed by the parties – Where the Court ordered the wife to file and serve Points of Claim document – Where an interlocutory order is made for the husband to pay $190,000 to the wife’s solicitors trust account to use to fund her litigation.

  • Kelby & Kelby (No 2) [2017] FamCA 625

    15 Jun 2017

    FAMILY LAW – PROPERTY –INTERIM PROCEEDINGS – Where the wife sought orders for a further partial distribution of the parties’ matrimonial property – Insufficient evidence – Application dismissed.

    FAMILY LAW – PROPERTY – INTERIM PROCEEDINGS – INJUNCTIONS – Where the wife sought restraints against the parties’ company –  Where the wife failed to address the matters set out in section 90AF(3) of the Family Law Act 1975 (Cth) – Where even if the orders sought were to restrain the husband from dealing with the company in a certain way there was insufficient evidence – Where the wife’s orders go beyond what is reasonably necessary – Application for provision of information – Where no attempt  to settle the issue was made pursuant to Note 1 of Rule 13.22 of the Family Law Rules 2004 (Cth) – Application dismissed.
  • Currie & Wilkins [2017] FamCA 624

    21 Aug 2017

    FAMILY LAW – CHILDREN – Contravention- Where the father alleges that the mother has breached parenting orders-where the mother admits contravening the parenting orders but says that she had a reasonable excuse-where reasonable excuse is established-where the father’s time with the children is suspended

  • Re: Julian [2017] FamCA 621

    18 Aug 2017

    FAMILY LAW – CHILDREN – SPECIAL MEDICAL PROCEDURE – Where the applicant is the legal guardian of a child diagnosed with Gender Dysphoria – where the child wants to commence Stage Two treatment for Gender Dysphoria – determination of whether the child is Gillick competent - where the Court is satisfied that the child is Gillick competent to fully understand the nature and consequences of Stage Two treatment

  • Fontana & Fontana (No 2) [2017] FamCA 615

    17 Aug 2017

    FAMILY LAW – ORDERS – STAY PENDING APPEAL – Property orders – Where application for stay pending determination of Cross Appeal from final property orders – Where consideration of applicable principles – Application for stay granted.

  • Selena & Montez and Ors [2017] FamCA 583

    11 Aug 2017

    FAMILY LAW – PROPERTY – INTERIM PROCEEDINGS – Where the Wife sought orders in relation to litigation funding, spousal maintenance, injunctions and disclosure – Where the wife’s application for an order for costs pursuant to section 117 in the form of a lump sum amount or on a dollar for dollar basis is dismissed – Court finds that the amount sought by the wife by way of interim property distribution in the sum of $175,000 is excessive – Orders made for a further distribution of property to the wife to be conditional upon the wife agreeing to facilitate the husband borrowing the amount from one of the parties’ jointly owned properties  – Orders made for the amount of $44,922 to be paid to the wife – Where the wife has failed to satisfy the Court that she is unable to support herself adequately and therefore she does not meet the gateway requirement set out in section 72 of the Act – Wife’s application in the alternative, for the payment of a lump sum amount pursuant to sections 72 and 74 of the Act is dismissed – Where the wife has not established a basis of injunctions beyond those agreed to by the husband – Parties’ agreement in respect to production of documents noted – further orders made to facilitate mutual disclosure – No orders made for expedition.

  • Mundell & Saad [2017] FamCA 532

    26 Jul 2017

    FAMILY LAW – CHILDREN – Best interests – Parental responsibility – Spend time with – Supervised time – Where parents are both litigants in person – Where there are two children aged seven and eight – Where the mother seeks sole parental responsibility – Where the father seeks shared parental responsibility – Where family violence – Where parents are unable to communicate – Where the presumption as to shared parental responsibility does not apply – Where the father has a history of illicit drug use – Where the mother is opposed to the children spending unsupervised time with the father – Where the father seeks that the children spend unsupervised time with him on alternate weekends – Where the father’s history raises concerns as to his parenting capacity – Where the father has taken steps to address concerns – Where an indefinite order for supervision is not warranted – Where a further period of three months of supervision is appropriate – Where the requirement for supervision will be lifted providing the father produces clear drug screens – Orders made for the father to ultimately spend time with the children on alternate weekends and overnight.

  • Adamson & Fuller and Anor [2017] FamCA 623

    21 Aug 2017

    FAMILY LAW – PROPERTY – enforcement – where orders are made by consent of the parties for the sale of a property with requirements as to the fixing of a “listing price” to be done through an unnamed delegate, the parties cannot later complain if the delegate does not do what they wish – where the orders provided for a party to seek for the court to deal with “terms and conditions” of the sale, that did not enable the disgruntled litigant after the delegate had had a contract of sale signed by a potential purchaser, to then start negotiating – applicant within her rights to seek that the contract of sale be signed notwithstanding the respondent offers more money but on a conditional basis – contract of sale executed at court.

  • Neville & Neville [2017] FamCA 622

    18 Aug 2017

    FAMILY LAW – CHILDREN – Final Orders – with whom the children should spend holiday time– where the mother relocated to the US and the children reside in Darwin with the father during school terms by consent– where there is uncertainty as to the mother’s current financial circumstances – where the promotion of a meaningful relationship with the mother is considered– orders made for the children to spend two block periods with the mother during the mid-year and Christmas holidays – mother to pay all travel expenses and the father to contribute $2,500. 

  • Billson & Billson [2017] FamCA 620

    18 Aug 2017

    FAMILY LAW – CHILDREN – Parenting orders – Relocation – where parties agree that child should relocate to United Kingdom to live with mother – where child to spend substantial holiday time with father – where parties agree to have equal shared parental responsibility - where mother seeks to restrain father from travelling with child outside of Europe during short holiday periods – where it is in child’s best interests for no restriction on travel when spending time with father – where parties in disagreement as to mother’s contribution to child’s travel costs – where father is in financial position to pay for all child’s travel costs except for one return airfare to be paid by mother

    FAMILY LAW – CHILD SUPPORT – Departure application – where mother seeks a departure order under s 117 requiring father to pay all school tuition fees – where grounds for departure established – where father is earning significantly more than the mother – where there is a shortfall between the current administrative assessment and costs of education – where it is just and equitable to require father to pay annual school fees – where his contribution to school fees should be credited against his child support liability

  • McDermott & McDermott [2017] FamCA 619

    17 Aug 2017

    FAMILY LAW – COSTS – INDEMNITY COSTS – Where application for indemnity costs – Where non-compliance with Rule 19.08(3) – Where application for indemnity costs fails – Where otherwise consideration of general principles – Where compelling circumstances for a departure from the normal rule – Where husband ordered to pay wife’s costs of the proceedings on a party/party basis.

  • Merritt & Phillips [2017] FamCA 618

    17 Aug 2017

    FAMILY LAW – INJUNCTIONS – Sole use and occupation of matrimonial home – Relevant considerations – Where children reside with mother – Mother granted sole use and occupation.

  • Hewitt & Hurley [2017] FamCA 617

    17 Aug 2017

    FAMILY LAW – CHILDREN – Where the father has retained the two younger children in his care in Queensland contrary to Court Orders – Where the mother is uncontactable and has not appeared – Where there are serious concerns as to the mother’s illicit drug use – Where there are allegations the children have been exposed to family violence between the mother and her current partner – Where the circumstances of the oldest child are unknown – Where the oldest child has not been attending school – Where there is limited information as to the father’s current circumstances and parenting capacity – Where there are concerns as to the father’s drug use – Where neither party has fully complied with court ordered drug tests – Where the mother previously sought the recovery of the younger children to her care – Where there is an unacceptable risk of harm to the children in the mother’s care – Where there are risks of harm to the children in the father’s care – Where the NSW Department of Family and Community Services and/or the Queensland Department of Communities, Child Safety and Disability Services are requested to intervene – Orders made pending further order for the father to have sole parental responsibility and for the children to live with the father. 

  • Hejiz & Hejiz (No 2) [2017] FamCA 616

    17 Aug 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – COSTS – Interim application to property injunctions and disclosure – Where significant conflict as to factual background to application – Where appropriate that question of costs be reserved to final hearing.

  • Samaras & Rasul [2017] FamCA 614

    27 Jul 2017

    FAMILY LAW – INTERLOCUTORY – With whom the child spends time – Family violence – Where the mother seeks the father spend no time with the child and the father seeks unsupervised time each alternate weekend – Where the parties tell conflicted versions of events in almost all areas – Where the mother alleges physical abuse of both her and the child – Where the father denies all allegations of family violence – Concluded the evidence is untested and does not, at this time, support findings in respect of physical injury as a result of abuse of the father in respect of the mother or the child – Where the father has spent time with the child supervised by the mother or members of the maternal family for the past 18 months – Concluded both parties’ interim applications are unrealistic – Ordered the father spend supervised time with the child in a contact centre

  • Peroni & Kappa [2017] FamCA 613

    17 Aug 2017

    FAMILY LAW – PROPERTY – Partial property settlement – Where the husband seeks interim relief in the amount of $100,000 – Where the husband seeks the sale of an investment property jointly owned by the husband and wife to fund the relief sought by him – Where the wife seeks the opportunity to raise the $100,000 to pay to the husband in lieu of selling the property – Order made allowing the wife 28 days to raise $100,000 – Order made providing for sale of investment property if wife is unable to make payment to husband within 28 days.

  • Ploughman & Ploughman [2017] FamCA 612

    17 Aug 2017

    FAMILY LAW – CHILDREN – PARENTING – Where the children, aged 12 and 15, live with their father and spend limited time with their mother – Where both parents seek that the mother’s time with the children be extended – Where the children wish for their time with both parents to be more equal – Where the mother has a history of alcohol abuse – Where the mother’s evidence was not considered reliable – Where the Court must balance the importance of the children having a meaningful relationship with their mother with the risk posed by the mother’s potential relapse into alcohol abuse – Orders made for the children to spend five nights per fortnight with their mother.

    FAMILY LAW – PROPERTY – Application for an adjustment of property interests pursuant to s 79(2) – Where the husband is found to have made greater contributions – Where a s 75(2) adjustment of 5 per cent is made in favour of the wife – Where the overall division of the asset pool is 60 per cent to the husband and 40 per cent to the wife – Where a single pool approach is adopted – Orders made for the sale of the former matrimonial home and for each party to retain 50 per cent of the interests held by their self-managed superannuation fund.
  • Department of Communities, Child Safety And Disability Services & Woden [2017] FamCA 611

    17 Aug 2017

    FAMILY LAW – Hague Convention – Application under the Hague Convention for the return of the child to the United States of America – Whether the mother acquiesced to the child living permanently in Australia – Whether the child was habitually resident in Australia at the time of retention – Whether the father wrongfully retained the child in Australia – Where the Court finds there was no wrongful retention – Application dismissed.

  • Milwell & Milwell [2017] FamCA 610

    16 Aug 2017

    FAMILY LAW – PRACTICE AND PROCEDURE - Application for expedited hearing

  • Graham & Bennett [2017] FamCA 609

    16 Aug 2017

    FAMILY LAW – PRACTICE AND PROCEDURE - Application for expedited hearing

  • Xiu & Hodges [2017] FamCA 608

    01 Aug 2017

    FAMILY LAW – ORDERS – Contravention –leave to mother to institute contravention proceedings – concern about multiple return dates

  • Laudani & Laudani and Anor [2017] FamCA 607

    01 Aug 2017

    FAMILY LAW – Interim orders pending mediation of financial proceedings

  • Jacobova & Stein [2017] FamCA 606

    21 Jun 2017

    FAMILY LAW – INJUNCTIONS – Urgent interim injunction – relief sought no longer appropriate – directions for service of process of husband’s bankruptcy trustee made ex parte – adjourned date.

  • Martello & Martello [2017] FamCA 605

    18 Aug 2017

    FAMILY LAW – PROPERTY – INJUNCTIONS – Interim – Preservation of property – Whether the Court should grant the injunctions sought by the wife against the husband to not sell or deal in any way with his interests in companies and trusts – Where the Court found that there is far greater risk of prejudice to the wife in not granting the injunctions sought by her – Where there is no urgency for the husband to sell his interests – Where the Court is satisfied that it is both just and convenient to grant the injunctions.

  • Elashi & Elbani [2017] FamCA 604

    11 Aug 2017

    FAMILY LAW – Urgent injunctive relief to stop auction of former matrimonial home – husband did not attend  Court personally– unopposed orders – consent orders – adjourned to judicial duty list

  • Coburn & Garner [2017] FamCA 603

    30 Jan 2017

    FAMILY LAW – CHILDREN – Final parenting orders sought by consent with the exception of one issue – whether the mother should be restrained from being present at changeover for time spent where she is employed by the school at which a child attends – best interest of children – high parental conflict – psychological wellbeing of children – mother should not be present – injunction granted.

    FAMILY LAW – CHILDREN – Desirability of avoiding further proceedings in relation to the children could not be addressed given the narrow ambit of the dispute.

  • Widmann & Widmann [2017] FamCA 602

    28 Jul 2017

    FAMILY LAW – PROPERTY –Where the parties were in a relationship for approximately 22 years and have three children of the relationship – Where the wife sought a sum equivalent to 80 per cent of the husband's one-third share of the net proceeds of one of the properties –Where the husband sought that the wife’s application be dismissed as there is no basis for any alteration of his legal interest in assets acquired by him from an inheritance received from his late father –Where the husband received a substantial inheritance approximately six years after the parties' separation – Where the contributions of the parties were equal as at the date of separation – Where adoption of a two-pool approach would not achieve a just and equitable outcome to the proceedings - Court finds that the net assets and superannuation should be divided as to 65 per cent to the husband and 35 per cent to the wife – Court finds no reason for an adjustment in favour of either party on account of section 75(2) factors – Orders made for the husband pay to the wife a sum of $312,490 within three calendar months of the date of the orders.

  • Toohey & Toohey [2017] FamCA 601

    15 Aug 2017

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the respondent father and husband has disengaged from proceedings – Where it is appropriate for the matter to proceed on an undefended basis.

    FAMILY LAW – CHILDREN – Best interests – Where the father has disengaged from the proceedings – Where the children have not spent time with the father for a significant period of time – Where the father has displayed aggressive and erratic behaviour towards the wife – Where the father has been convicted of trespassing on the wife’s property – Where the father has been convicted of stalk and intimate and breach of an apprehended domestic violence order – Where there are serious concerns as to the father’s mental health – Where the children have a meaningful relationship with the father – Where the mother alleges the father has engaged in family violence and has made threats to harm her and the children – Where there is no positive finding of unacceptable risk – Where the benefit to the children of a meaningful relationship with their father is not outweighed by the need to protect the children from harm – Where orders will not be made for the father to spend no time with the children – Where orders will be made for the mother to have sole parental responsibility and for the children to live with her.  

    FAMILY LAW – PROPERTY – Just and equitable – Where the husband’s disengagement from proceedings is taken as deliberate non-disclosure – Where the assets of the husband are unclear – Where inferences drawn as to the assets available to the husband – Where the pre-separation contributions of the parties equal – Where the wife has made significantly greater financial and non-financial contributions post separation – Where the husband has paid no child support nor made any financial contribution to the maintenance of the children post separation – Where the husband is unlikely to contribute to the maintenance of the children in the future – Where adjustments should be made in favour of the wife for post separation contributions and section 75(2) factors – Where it would be just and equitable to make an order that the husband pay the wife a significant sum – Where the wife only seeks orders that she be paid 100 per cent of the husband’s superannuation – Orders made accordingly.