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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.

  • Sresbodan & Sresbodan and Ors (No 2) [2016] FamCA 988

    27 Sep 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – SLIP RULE – Amendment of orders pursuant to r 17.02(1)(h) of the Family Law Rules 2004 (Cth).

    FAMILY LAW – PROPERTY – FREEZING ORDERS – Where the first intervener previously sought a freezing order to preserve funds in a controlled monies account – Where that order was refused on the basis that the first intervener was not able to proffer an undertaking as to damages – Where the first intervener is now in a position to give an undertaking – Freezing order made.
  • Baum & Lokare [2016] FamCA 973

    17 Nov 2016

    FAMILY LAW – COSTS

  • Larsson & Casey [2016] FamCA 971

    16 Nov 2016

    FAMILY LAW – Parenting – children – interim hearing relocation to Darwin

  • Re: Kerry [2016] FamCA 970

    21 Nov 2016

    FAMILY LAW – CHILDREN – SPECIAL MEDICAL PROCEDURES – Where the applicants are the parents of a child diagnosed with Gender Dysphoria – where the applicants seek a finding that the child is Gillick competent to consent to Stage Two treatment for Gender Dysphoria – where the child’s treating medical experts and parents support the child commencing Stage Two treatment – assessment of whether 17-year-old child is Gillick competent to consent to medical treatment – finding that the child is competent to consent and authorised to make her own decision about Stage Two treatment.

  • Pergolese & Benvenuto (No 2) [2016] FamCA 969

    15 Nov 2016

    FAMILY LAW – CHILDREN – interim orders – where the father brings an application following a recovery order issued against the mother – where the father seeks orders for the child to live with him and spend supervised time with the mother – where the mother opposes the orders sought by the father – where the ICL supports the father position – where there is a family assessment report – where consideration is given to the best interests of the child – where it is ordered that during the period of the adjournment the child remain in the care of the father and spend unsupervised time with the mother.

  • Banks & Loffler [2016] FamCA 968

    15 Nov 2016

    FAMILY LAW – CHILDREN – interim orders – where the father seeks orders for substantial and significant time with the child – where the mother opposes the father’s application – where there are allegations of sexual abuse – where the Court considered the evidence relating to allegations of abuse should be tested through cross examination – where consideration is given to the law as it relates to findings of sexual abuse on an interim basis – where the Court does not consider the evidence as it presently stands to support a finding that the father present a risk to the child – where there is a family report – where orders are made for the child to live with the mother and spend supervised time with the father during the period of the adjournment.

    FAMILY LAW – PRACTICE AND PROCEDURE – listing – where the matter is listed for trial – where trial directions are made.
  • Chopra & Chopra [2016] FamCA 967

    11 Nov 2016

    FAMILY LAW – HEARING DE NOVO – Application by the husband to review decisions of a Registrar – where the husband sought to review a decision of a Registrar refusing to abridge his application – no utility in the application – application to review dismissed – where the husband sought to review a decision of a Registrar that the parties attend appointments with a family consultant pursuant to s 11F – where both parties seek interim parenting orders – where the children are aged almost 18 and almost 15 – where the only evidence before the court of the children’s views is the wife’s affidavit material – where the court would be assisted by independent evidence in assessing any interim parenting applications – application to review dismissed

    FAMILY LAW – INJUNCTIONS – Application by the wife that the husband repay moneys withdrawn from a joint loan account and be restrained from further drawing down on the joint account or from disposing of the withdrawn moneys – where the husband concedes he withdrew a sum from the parties’ joint loan account representing approximately half of the parties’ assets – where the husband has failed to disclose to the wife how that sum has been applied – where the court is satisfied that the injunctions are necessary and the risk of disposal of property to defeat a judgment is evident – injunctions made as sought by the wife
  • Yong & Liu [2016] FamCA 966

    15 Nov 2016

    FAMILY LAW – PRACTICE AND PROCEDURE - Application for expedited hearing

  • Wootton & Hillier [2016] FamCA 965

    11 Nov 2016

    FAMILY LAW – COSTS – Where the matter was finalised on the sixth day of the trial when a consent order was made – Where the wife makes a costs application after protracted litigation about whether a financial agreement is binding and whether the financial agreement should be set aside in any event based upon a history of systemic family violence – Where the wife seeks that the costs order not apply to certain parts of the proceedings where she concedes costs orders are not appropriate – Where the husband opposes any order for costs being made in the wife’s favour – Where in the circumstances of the case the court is entitled to consider making an order for costs notwithstanding that the matter was resolved by a consent order without any determination on the merits –Where it is a weighty consideration that the husband made the concession that the financial agreement was not binding – Where the evidence taken as a whole at the time the consent order was made heavily supports a finding that it was highly likely the wife would have established a course of conduct by the husband which would have been more than sufficient to ensure her success in establishing grounds under s 90K(1)(b) and (e) of the Family Law Act 1975 (Cth) to have the financial agreement set aside – Where aspects of the husband’s conduct in the proceedings weigh in favour of the wife – Where it is just to make an order as to party/party costs as agreed or assessed which order is not to include certain parts of the proceedings.

  • Slovsky & Gastin [2016] FamCA 964

    15 Nov 2016

    FAMILY LAW – CHILDREN – Best interests – Spend time with – Where there is one child who is 11 years of age – Where the father seeks orders that the child be introduced to him and spend time with him on a gradually increasing basis leading to alternate weekends – Where the mother seeks that the father’s application be dismissed – Where the Independent Children’s Lawyers seeks orders that the child be provided with some basic details in relation to the father – Where the child has never met or had any meaningful contact with the father – Where it is the mother’s belief that the father sexually assaulted her resulting in the conception of the child – Where the mother has a history of drug abuse – Where the child has a strong view against having a relationship with the father – Where the mother is unwilling and unable to facilitate and encourage a relationship between the father and the child – Orders made that the mother have sole parental responsibility for the child, that the child live with her and spend no time with the father – Order made that the Independent Children’s Lawyer provide the child with a sealed envelope containing basic details about the father.

  • Nixon & Nixon (No 2) [2016] FamCA 963

    15 Nov 2016

    FAMILY LAW — CHILDREN — Final parenting orders — sole parental responsibility to mother — no benefit to the children to have a meaningful relationship with the father — children subjected to family violence and emotional abuse at hands of father — children to reside with mother and no provision for time with father — restraint against father contacting mother and children — father ran proceedings in a vexatious manner.

  • Barrow & Barrow-Newman [2016] FamCA 962

    11 Nov 2016

    FAMILY LAW – CHILDREN – Child’s views – Question of whether there is a relationship of value between the father and child – Where the child has not seen the father for 16 months – Where the child expresses desire to spend time with the father – Concluded that a meaningful relationship exists

    FAMILY LAW – CHILDREN – Physical abuse – Where both parties previously administered corporal punishment to children not the subject to these proceedings – Where the father used implements to inflict such punishment – Where the corporal punishment resulted in injury that was more than merely transient – Where the mother exaggerates and the father minimises the seriousness of the abuse – Concluded the child is at similar risk of harm from the father’s physical abuse – Question of how the risk could be satisfactorily contained – Ordered the child spend time with the father for one day twice per month – Parties restrained from causing or permitting the infliction of corporal punishment upon the child

    FAMILY LAW – PROPERTY – Where the solicitors for the parties jointly advise the court the property dispute is settled – Where no proposed consent orders are placed before the court – Where the settlement includes a superannuation splitting order – Where the parties admit they did not comply with the requirements of s 90MZD of the Family Law Act 1975 (Cth) or r 14.06 of the Family Law Rules 2004 (Cth) – Where the parties do not subsequently comply with those statutory and regulatory requirements – Ordered that all applications for property settlement orders are dismissed for want of prosecution
  • Tyler & Tyler [2016] FamCA 961

    22 Jul 2016

    FAMILY LAW – CHILDREN – Interim parenting

  • Sigley & De Santis (No 2) [2016] FamCA 960

    14 Nov 2016

    FAMILY LAW – UNDEFENDED HEARING – Application to proceed undefended for orders that part of a financial agreement be enforced as if it were an order of the court – where the respondent has failed to comply with court orders including orders for discovery – where the respondent has not appeared at several court events – where the respondent has not prosecuted his response – where the applicant has diligently pursued her case – orders made as sought by the applicant

  • Beauchamp & Benson [2016] FamCA 959

    20 Jun 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Application by the mother to provide documents filed in the proceedings to the Department of Immigration – where the mother is not an Australian citizen – where the mother seeks to remain permanently in Australia – where the mother has received advice that her application to remain in Australia may be assisted by the provision of material filed in the proceedings – where the father opposes the provision of the material on the basis that the material may be embarrassing and portray him in a poor light – where the father seeks time with the child – where the success of the mother’s application will more easily facilitate what time, if any, the court may order for the child to spend with the father – interim orders made that the mother be permitted to provide documents filed in the proceedings and the s 11F Report and Family Report to the Department of Immigration for the sole purpose of assisting the mother's application to the Department of Immigration.

  • Bennett & Bennett [2016] FamCA 958

    03 Aug 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Review of exercise of power by a Judicial Registrar – hearing de novo – where the husband seeks to review a decision by the Registrar refusing to adjourn a case assessment conference – where the husband had sought an adjournment on the basis that the wife had failed to comply with pre-action procedures – where the wife had attempted to comply with pre-action procedures – where pursuant to r 1.05(2)(b) of the Family Law Rules – the wife was not obliged to comply with pre-action procedures given allegations of family violence – husband’s application dismissed

    FAMILY LAW – COSTS – Application by the wife for costs in a fixed sum – where the husband’s application was misconceived and doomed to fail – where the husband was wholly unsuccessful – financial circumstances of the parties considered – order for costs in a fixed sum
  • Cullen & Cullen [2016] FamCA 957

    03 Aug 2016

    FAMILY LAW – CONTRAVENTION – Wife seeks leave to withdraw her contravention application – leave to withdraw granted

  • Bandoni & Milic [2016] FamCA 956

    11 Nov 2016

    FAMILY LAW – CHILDREN – Best Interests – Where the father has not seen or communicated with the child for three years – Where there are allegations of sexual abuse perpetrated by the father – Where the disclosures made by the child are ambiguous – Where the father is acquitted in criminal proceedings – Where the Single Expert does not reach a conclusion on whether sexual abuse occurred –  Where there would be a benefit of the child having a meaningful relationship with both parents – Concluded there is an unacceptable risk to the child while in the father’s care – Where supervised time would not transition to unsupervised time – Ordered that the child spend no time with the father.

  • Hillier & Olly (No 2) [2016] FamCA 955

    11 Nov 2016

    FAMILY LAW – PARENTING – Whether the father should be permitted to spend any time with the child – Where the father has been physically and verbally abusive since separation – Where the mother seeks an order the father spend no time with the child – Where the father lacks proper insight into the effect his behaviour has on those around him – Where the father is required to undergo a period of therapy prior to the recommencement of supervised contact with the child. 

    FAMILY LAW – PROPERTY – Where the mother earned more income than the husband during the 10 year relationship – Where the superannuation interest determined separately - Where the father made non-financial contributions by undertaking building renovations to the parties’ property – Where a further adjustment in favour of the mother in light of post-separation conduct of the father considered just and equitable.


  • Barrakat & Barrakat [2016] FamCA 953

    11 Nov 2016

    FAMILY LAW – PARENTING – Where presumption of equal shared parental responsibility rebutted – Where there are findings of family violence – Where the father’s time with the children is to be supervised – Where a final order for supervised time appropriate in the circumstances.

  • Shaker & Beliz [2016] FamCA 952

    10 Nov 2016

    FAMILY LAW – CHILDREN – interim orders – where there is a consent order – where the mother seeks a variation that would reduce the father’s time with the child – where the father opposes the reduction in time and seeks that the order in relation to supervision be discharged – where there is a family report – where consideration is given to the relevant legal principles – where the Court does not consider supervision necessary – where interim orders for parenting arrangements are made – where both parties are directed to complete the Kids R First parenting program and the child is to receive psychological support.

  • Harris & Daniels [2016] FamCA 951

    16 Sep 2016

    FAMILY LAW – CHILDRES – orders suspended – children to spend time with th father. –

    FAMILY LAW – PROCEDURE – Independent to be appointed – production of Family Report.
  • Daldron & Daldron [2016] FamCA 950

    09 Nov 2016

    FAMILY LAW – CHILDREN – With whom a child lives – With whom a child spends time – Best interests – Where the proceedings were heard in two tranches – Where there are three children aged 16, 13 and 10 – Where the mother made a sexual abuse allegation against the father in respect of the youngest child – Where since that time the children have spent no time with the father – Where the mother sought orders that the children live with her and that she have sole parental responsibility for them – Where the father sought orders that the youngest child live with him and that he have sole parental responsibility in respect of her – Where the Independent Child Lawyer sought orders that the mother have sole parental responsibility for the children, that they live with her, and that the youngest child spend supervised time once per month with the father – Where the parents each made complaints in respect of family violence against the other – Where there was some level of family violence –Where the mother says she no longer holds the belief that the child was sexually abused by the father but has not conveyed that to the children – Where there is no basis to the allegations of sexual abuse by the father against the child – Where the mother has engaged in some level of emotional abuse towards the children – Order made that the mother have sole parental responsibility for the children and that the children live with her – Order made that until the youngest child is 14 years of age she spend supervised time with the father once per month and that the two older children accompany her in accordance with their wishes.

  • Tredrea & Geller and Ors (No 2) [2016] FamCA 949

    09 Nov 2016

    FAMILY LAW – ENFORCEMENT – where the applicant seeks enforcement of a term of an order for property settlement – where the respondents oppose the application – where the application involves farming land – where the applicant asserts she is entitled to an option to purchase – where consideration is given to the interpretation of the order – where the respondents are not bound by any purported option at the time of the transfer of the interest in the property to them – where the purchasers are bona fide purchasers without notice – where in any event the Court considers the order creates only a pre-emptive right and not an option – where the application is dismissed.

  • Kirby and Anor & Hewitt and Anor [2016] FamCA 948

    11 Nov 2016

    FAMILY LAW – CHLDREN – SURROGACY – Altruistic family arrangement - Parental responsibility - With whom a child lives – Orders made in favour of non-biological parents

  • Chadwick & Chadwick and Anor (No 2) [2016] FamCA 947

    09 Nov 2016

    FAMILY LAW – PROPERTY – Where applicant seeks to join a third party as a second respondent – Where second respondent seeks summary dismissal of application – Where summary dismissal refused – Where second respondent is joined to the proceedings.

    FAMILY LAW – PROPERTY – Transaction to defeat claims – s 106B Application – Where relief not effective – Where application is refused.

    FAMILY LAW – PROPERTY – Interim distribution –– Where both parties require funds for living costs and litigation – Where interim distribution granted.

    FAMILY LAW – SPOUSAL MAINTENANCE – Interim – Where Wife’s lack of capacity is by consent – Where evidence suggests Husband’s capacity to pay – Where spousal maintenance sum increased.
  • Smythe & Banks [2016] FamCA 946

    08 Nov 2016

    FAMILY LAW – CHILDREN – Wishes – Where the children’s residences are currently split between the parties – Where the youngest child has a meaningful relationship with both parties but lives with the mother and does not see the father – Where the two older children live with the father and do not see the mother – Where both parties are acting in contravention of interim orders – Where the two older children are aged 16 and 15 years respectively and both express wishes to live with the father – Where the two Family Consultants recommend cautious evaluation of the children’s views – Concluded the father unduly influences the two older children’s views and it is immaterial whether such influence is intentional or inadvertent

    FAMILY LAW – CHILDREN – Best Interests – Family Violence – Where the mother alleges the father perpetrated family violence upon her – Where the father perpetrated family violence upon his partner in a subsequent relationship – Where the father was convicted of an assault on his current partner – Where the father attributes the family violence to mental health issues – Where there is no reliable evidence the father’s mental health will improve – Where both the father and his current partner minimise the seriousness of family violence – Decided the children will likely be exposed to family violence in the father’s household – Ordered that the children live with the mother – Ordered that the mother have sole parental responsibility – Ordered that the children spend time with the father on four occasions per year under supervision
  • Lake & Brand (No 2) [2016] FamCA 945

    26 Aug 2016

    FAMILY LAW – INJUNCTIONS – Removal of caveat – application by the wife that the husband remove a caveat lodged over a property – where final orders were made that the wife retain the property the subject of the application and the husband remove a caveat previously lodged by him over that property – where due to the husband’s failure to withdraw the caveat in accordance with final orders the wife had to make application for a Registrar to sign a withdrawal of caveat on behalf of the husband – where following the Registrar signing a withdrawal of caveat the husband lodged a new caveat over the property – where the husband seeks to raise issues previously ventilated at the final hearing – where the final orders have not been stayed – removal of caveat intended to give effect to the orders – interim orders made that the husband sign a withdrawal of caveat – interim orders made restraining the husband from lodging further caveats over the property

    FAMILY LAW – INJUNCTIONS – Restraint on husband disposing of shares – application by the wife to restrain the husband from disposing of his shares in a company – where there is an outstanding costs order for the husband to pay the wife’s costs – where the wife has a further application for costs against the husband pending judgment – where it is submitted that the wife will be unable to enforce the outstanding costs order and any further order the Court may make with respect to costs if the husband disposes of or deals with the shares – interim orders made restraining the husband from disposing of his shares while monies outstanding to the wife are unpaid
  • Tumlin & Tumlin [2016] FamCA 944

    12 Oct 2016

    FAMILY LAW – CHILDREN – Where the parties agree that no order should be made for equal shared parental responsibility – Where the wife seeks sole parental responsibility but the husband seeks to place conditions upon any order for parental responsibility – Where the parties agree that the child is to reside with the wife Where there is a history of family violence –– Where the wife has a genuine but unreasonable belief about the level of family violence – Where the child has had no contact with her father for four and a half years and expresses a view that she does not wish to have contact with her father – Where the child has substantially lived with the wife’s mother – Where it is anticipated that the child will experience high levels of anxiety at the suggestion of contact with her father – Where the parties agree that the wife will facilitate contact between the child and the husband if the child seeks that contact – Where making no orders about time or communication between the child and the husband creates a cleaner pathway to allow the child to reconnect with her father if she chooses to do so in the future.

    FAMILY LAW – PROPERTY – Where the husband contends for a main pool and an inheritance pool and submits that the wife made no contribution to the inheritance pool – Where there is no need to isolate the inheritance assets – Where the husband has a remainderman interest in property owned by his parents – Where the husband’s assets were of significantly greater value than the wife’s at the commencement of the marriage – Where the most significant financial contribution was an inheritance received by the husband – Where the husband received a redundancy package but that should not be viewed as an additional contribution made solely by him – Where the wife was the primary home maker – Where the husband did not fulfil a meaningful role as parent to the parties child –Where the principles in Kennon & Kennon do not apply as the wife’s contributions were not made significantly more arduous due to the incidents of family violence – Where there should be a 72.5/27.5 split in the husband’s favour based on contributions – Where the contributions made by wife’s mother in the role of homemaker and parent to the parties’ child are dealt with as a s79(4)(d)-(g) matter – Where the wife receives a 7.5 per cent adjustment of s 79(4)(d)-(g) matters – Where the assets are divided as to 65 per cent to the husband and 35 per cent to the wife.
  • Mullan & Worrell [2016] FamCA 943

    28 Oct 2016

    FAMILY LAW – DE FACTO RELATIONSHIP – Where the de facto wife seeks a declaration that the parties’ relationship ended in May 2009 – Where the de facto husband says the parties’ relationship ended before 1 March 2009 and the Court does not have jurisdiction in respect of an application made under Part VIIIAB of the Family Law Act 1975 (Cth) – Where the onus is on the de facto wife to prove that a breakdown had not occurred before 1 March 2009 – Where it was not until May 2009 that the parties took action to end the de facto relationship – Where a declaration is made that the de facto relationship ended in May 2009.

  • Lieu & Antcliff [2016] FamCA 942

    26 Oct 2016

    FAMILY LAW – DIVORCE – NULLITY – Where a married couple participated in a second marriage ceremony with one another in Fiji – Where the second marriage was found to be valid under Fijian law – Whether the marriage is recognised in Australia pursuant to s88C and 88D(1) of the Marriage Act – Where no exception set out in ss88D(2) of the Marriage Act applies – Where the marriage is recognised as valid in Australia – Where the wife’s application for a decree of nullity (s51 of the Family Law Act) and the wife’s alternate application for a declaration of invalidity of marriage (purportedly pursuant to s113 of the Family Law Act) are dismissed – Where special circumstances are found to exist pursuant to s44(1B) of the Family Law Act to dispense with the requirement that the application for the divorce order in respect of the second marriage not be filed within a period of two years after the date of the marriage – Where a divorce order is made in relation to the parties’ second marriage to each other.

  • Fulton & Daniel [2016] FamCA 941

    26 Oct 2016

    FAMILY LAW – CHILDREN – Where the mother makes sexual abuse allegations against the father and paternal grandmother – Where there is found to be no unacceptable risk of harm to the child – Where the mother has been diagnosed with a personality disorder with borderline and dependent traits – Where the father is to have sole parental responsibility in relation to health and education and the mother is to have sole parental responsibility in relation to religion – Where the child is to live with the father and spend increasing time with the mother.

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the mother makes an oral application to vary interim orders after retaining the child – Where the mother’s application is dismissed – Where the mother makes an oral application to reopen the final hearing to lead further evidence – Where the mother’s application is dismissed – Where the mother’s time with the child is suspended until further order – Where the mother is ordered to return the child to the father.
  • Dajani & Bashara [2016] FamCA 940

    12 Oct 2016

    FAMILY LAW – PROPERTY – Consideration of the value of the husband’s business – Consideration of alleged debts owed to the husband’s siblings – Consideration of contributions, s79(4)(d)-(g) factors and what is an appropriate and just and equitable property settlement order.

    FAMILY LAW – CHILD SUPPORT – Where the wife’s application for departure order and discharge of child support arrears is dismissed.   

    FAMILY LAW – PARENTING – Where the father is to hold passports but both parents be jointly responsible for applying for new passports and travel related documents for the children.
  • Bondelmonte & Bondelmonte (No 4) [2016] FamCA 939

    19 Oct 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the husband seeks an order that there be a stay of orders made requiring him to return children to Australia – Where the wife opposes the order for the stay – Where the stay is allowed until the determination by the High Court of the husband’s appeal.

  • Dewell & Harris and Anor [2016] FamCA 938

    04 Nov 2016

    FAMILY LAW – INTERIM PROPERTY SETTLEMANT – SPOUSAL MAINTENANCE

  • Edwin & Edwin [2016] FamCA 937

    04 Nov 2016

    FAMILY LAW – INTERIM PROPERTY SETTLEMANT – SPOUSAL MAINTENANCE

  • Re: Tony [2016] FamCA 936

    24 Oct 2016

    FAMILY LAW – DE FACTO RELATIONSHIP – Property division – Trust with corporate trustee – Orders made by consent for appointment of liquidators of the trustee company – Liquidators effectively liquidated the trust or attempted to do so – quaere what the property of the parties was – only substantial asset in the hands of either party property owned by the respondent before the relationship – husband in eighties living in caravan on son’s property – potential effect of any money being paid to the applicant being taken by the liquidator to discharge obligations in the trust (whether validly or not) – unsatisfactory evidence from both parties – failure to explain many transactions – applicant’s son’s company a party for a short time – liquidators parties to the proceedings.

  • Linch and Anor & Anderson [2016] FamCA 935

    31 Oct 2016

    FAMILY LAW – CHILDREN – LEAVE TO ADOPT – step-parent adoption – where the adoption is consented to by the biological father – where the biological father has not spent time with the child for at least three years – where the step-father acts as the child’s father in all relevant respects – where it is in the best interests of the child for leave to be granted – where leave is granted

  • Warwick & Cutler and Anor [2016] FamCA 934

    04 Nov 2016

    FAMILY LAW – CHILD SUPPORT - Application for departure orders – Where the orders sought by the husband would result in arrears currently owed being discharged – Where the husband sought orders that the wife be solely responsible for the children’s private school fees and health insurance – Where the Court is not satisfied the requirements of s 116(1)(b)(ii) of the Child Support (Assessment) Act 1989 (Cth) have been met – Application dismissed – Orders staying collection of arrears discharged.

    FAMILY LAW – PROPERTY SETTLEMENT – Where the parties were in a relationship for approximately twelve years and have two children – Where all items in dispute on the balance sheet but one are considered in the context of s 75(2)(o) – Where the parties agreed for funds provided by the wife’s father to the parties to be re-paid – Whether the Court should consider any further contributions made on behalf of the wife by her father – Where the wife provided a significant direct financial contribution to the acquisition of the parties’ property – Where the Court finds there should be a distribution of the property pool fifty-five per cent in favour of the wife – Where the wife is to have primary care of the parties’ two children – Where the Court is satisfied an additional adjustment of five per cent in favour of the wife is appropriate.
  • Tallant & Kelsey (No 3) [2016] FamCA 933

    04 Nov 2016

    FAMILY LAW – CHILDREN - Child related proceedings – Department of Family and Community Service invited to intervene in the proceedings.

  • Owens & Benson [2016] FamCA 932

    04 Nov 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Review of Registrar’s decision – Where the Registrar granted an extension of time to the respondent to serve an itemised costs account – Where the delay is adequately explained – Where to not grant the extension of time would deprive the respondent of the benefit of a costs order made by the Full Court – Application dismissed – Order made granting an extension of time.

  • Stopford Malloy & Malloy (No 3) [2016] FamCA 931

    21 Oct 2016

    FAMILY LAW – DISCLOSURE – Where the husband consented to orders for discovery – Where the husband then provided discovery within a List of Documents – Where the wife alleged the discovery within that List of Documents was incomplete – Discussion of r 13.04 and r 13.07 of the Family Law rules 2004 (Cth) – Where orders made for further discovery – Order that wife be granted leave to issue subpoena

    FAMILY LAW – COSTS – Where the wife’s application was necessary due to the husband’s non-compliance with prior discovery order – Where the application could have been dealt with, at least in part, by consent orders but for the husband’s prolonged opposition – Where husband asserts he is without funds – Where the husband has funded the costs of counsel and multiple affidavits – Where counsel conceded the husband could not resist a costs order –  Ordered the husband pay the wife’s costs on a party/party basis
  • Demopoulos & Fullard [2016] FamCA 930

    04 Nov 2016

    FAMILY LAW – CHILDREN – Undefended – Where the respondent disengaged from the proceedings and did not attend upon the single expert for the updating report – Where the single expert held serious concerns as to the respondent’s mental health and was of the view she may be suffering from a delusional disorder – Where the respondent has not sought therapeutic intervention – Where the Court is satisfied that the respondent presents an unacceptable risk of harm to the child – Orders made for the child to continue to spend supervised time with the respondent until such time as she completes treatment with a mental health professional.

    FAMILY LAW – PROPERTY SETTLEMENT – Undefended – Where the only asset for division is the proceeds of sale of the former matrimonial home – Where the applicant made a significant direct contribution to the purchase of the property – Where the parties contributions were otherwise equal – Where the Court finds the parties’ contributions should be assessed fifty-five per cent in favour of the applicant and forty-five per cent in favour of the respondent – Where the applicant will have primary care for the parties’ child – Where the Court finds section 75(2) factors favour a five per cent adjustment in favour of the applicant – Orders made.

  • Liveson & Zhou [2016] FamCA 929

    26 Sep 2016

    FAMILY LAW – PROPERTY – Interim Application - disclosure

  • R Pty Ltd atf the Fletcher Trust & Jones and Anor [2016] FamCA 928

    04 Nov 2016

    FAMILY LAW – PRACTICE AND PROCEDURE - Limitation on the use of documents – Whether use of documents in Supreme Court proceedings would be a publication or dissemination to the public - Implied undertaking of disclosure - Whether the Court should permit the use of documents produced and disclosed in Family Court proceedings in Supreme Court proceedings between interrelated parties - Where the parties are subject to an implied undertaking not to use documents disclosed in family law proceedings - Where the documents are voluminous - Where matters of a personal and confidential nature are already in the public domain by reason of an earlier Supreme Court action

  • Sukhar & Azeri [2016] FamCA 927

    26 Sep 2016

    FAMILY LAW – PROPERTY – Interim Application - disclosure

  • Prescott & Sanderson [2016] FamCA 926

    03 Nov 2016

    FAMILY LAW – CHILDREN – FINAL PARENTING — mental illness — lack of co-ordination of medical and allied health professionals — injunction preventing continued treatment by named psychologist of one child refused.

  • Hackford & Hackford [2016] FamCA 925

    03 Nov 2016

    FAMILY LAW – SPOUSAL MAINTENANCE – Where the wife seeks spousal maintenance four years after the parties separated – Where the wife contends she is unable to support herself and the children adequately – Where the wife alleges the husband has inhibited her capacity to earn an income – Where the wife seems to suggest that the family’s current accommodation is substandard – Where the husband contends that the wife may have other available financial resources that are not disclosed.

  • Choudhary & Hailey and Ors [2016] FamCA 924

    03 Nov 2016

    FAMILY LAW – CHILDREN – Undefended – With whom the children live with – With whom the children spend time – Parental responsibility – Best interests of the children – Where the paternal grandparents and paternal aunt reach agreement –Where the elder child lives with the paternal grandparents and the younger child lives with the paternal aunt – Where the father has perpetrated family violence – Where the mother is unable to protect the child from family violence – Where the father and the mother have disengaged from the proceedings – Views of the children – Nature of the children’s relationships – No contact with the father – No contact with the mother.

  • Budiarta & Zavahir [2016] FamCA 923

    03 Nov 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Application for joinder – Whether husband’s mother should be joined to property proceedings between the parties – Whether the joinder of the husband’s mother is necessary for the Court to completely and finally determine all matters in dispute – Where wife relies upon her s 106B application for dispositions made by the husband to the husband’s mother to be included in property adjustment orders pursuant to s 79 of the Act at trial – Where husband’s mother is already involved in these proceedings and intends to give evidence at trial as the husband’s witness – Application dismissed.

  • Zubcic & Zubcic and Ors (No 2) [2016] FamCA 922

    02 Nov 2016

    FAMILY LAW – PROPERTY – INTERIM ORDERS – Determination of  dispute as to beneficial ownership of the Box Hill property – Where the wife’s parents have been added as respondents to the proceedings – Where the wife’s parents claim that they have legal and beneficial entitlement to 50 per cent of the proceeds of sale of the Box Hill property – Where the husband argues that he and the wife purchased the wife’s parents’ 50 per cent share in the property – Where the husband claims that he and the wife are entitled to the whole of the purchase price – Where a Declaration is made that the wife’s parents are beneficially and legally entitled to 50 per cent of the proceeds of sale and that the husband and wife are beneficially and legally entitled to the remaining 50 per cent.

    FAMILY LAW – PRACTICE AND PROCEDURE – Application by the husband to vacate the hearing – Discussion of the principles in Aon Risk Services Australia Limited v Australian National University – Consideration of undesirable effect of further delay – Where the husband’s conduct in the proceedings has caused delay – Where the effects of the delay to the other respondents to the proceedings cannot be remedied by way of a costs order – Where the adjournment application is dismissed.
  • Quirk & Lake [2016] FamCA 921

    02 Nov 2016

    FAMILY LAW – LEGAL PRACTITIONERS – Where the husband seeks an order that the wife’s solicitors be restrained from acting for her in the proceedings – Where the wife seeks, in the substantive proceedings, to set aside a Financial Agreement entered into between the parties – Where the husband seeks to cross-examine the principal of the firm acting for the wife – Where the husband’s application is dismissed.

  • Peroni & Peroni and Anor [2016] FamCA 920

    02 Nov 2016

    FAMILY LAW – CHILDREN – Interim parenting – Where the mother contends there is an unacceptable risk to the child if left in the care of the father – The father’s time on an interim basis be supervised – Best interests of the child.

  • Phuona & Nghiem and Anor [2016] FamCA 919

    02 Nov 2016

    FAMILY LAW – DE FACTO RELATIONSHIP – The Applicant seeks a declaration under s 90RD of the Family Law Act 1975 (Cth) that the de-facto relationship that existed between the Applicant and the First Respondent from late 2002 ended in June 2012, which is after the 1 March 2009 commencement of the relevant provisions of Part VIIIAB of the Family Law Act 1975 (Cth) - If such relationship broke down as asserted by the applicant the Court has jurisdiction to determine the substantive claims; if it broke down prior to 1 March 2009 the Court has no such jurisdiction - The determination of these jurisdictional facts is that the parties had been in a de facto relationship which broke down and ended in April/May 2005 - Consequently, the Court has no jurisdiction to deal with the Applicant’s substantive applications.

  • Khalid & Khalid and Ors [2016] FamCA 918

    21 Apr 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Application for third party to intervene in proceedings – Leave granted

    FAMILY LAW – PRACTICE AND PROCEDURE – Orders and directions made for husband to provide disclosure to wife and third party to proceedings

    FAMILY LAW – PRACTICE AND PROCEDURE – Directions made appointing wife as trustee with powers to sell parties property – Directions made in respect of the sale of the parties property
  • Biggs & Biggs and Anor [2016] FamCA 917

    30 Sep 2016

    FAMILY LAW – CHILDREN – Interim application  – Parental responsibility – With whom the child lives – with whom the child spends time – Mother admitted to hospital suffering from Guillain-Barré syndrome – Where the maternal grandfather has intervened

  • Rollins & Van Hummell [2016] FamCA 916

    01 Nov 2016

    FAMILY LAW – CHILDREN – Interim relocation – Changes in primary carer.

  • Mills & Allen and Ors [2016] FamCA 915

    10 Oct 2016

    FAMILY LAW – CHILDREN – Parenting – Where recovery order application by mother – Where application granted in respect of recovery order – Where final parenting orders previously made by consent – where interim parenting orders made for sole parental responsibility to mother and child to live with mother and restraint from removing the child from the mother’s day-to-day care or seeking to remove the child from any school attended by him – Where notice of discontinuance filed by First Respondent and Third Respondent – Where Second Respondent not engage in proceedings – Where interim orders confirmed as final orders

  • Khalili & Chatha (No 2) [2016] FamCA 914

    13 Oct 2016

    FAMILY LAW – ORDERS – Contravention – where allegation that children not made available for time ordered – where respondent mother asserts reasonable excuse – where reasonable excuse established – application dismissed.

    FAMILY LAW – PRACTICE AND PROCEDURE - Counselling - where recent final orders – where parties clearly remain in conflict – where appropriate to order that parties attend counselling – where order made for parties to attend post orders counselling.
  • Janeiro & Janeiro (No 2) [2016] FamCA 913

    31 Oct 2016

    FAMILY LAW – PROPERTY – Interim property – where the husband seeks the enforcement of an order made with the consent of the parties –where the husband seeks exclusive use of certain items of equipment which he says he uses in his business – where the husband seeks exclusive occupation of a particular portion of factory premises – That the husband undertake repairs to the parties warehouse premises and that the parties contribute equally to the costs – where the wife seeks consent orders be discharged – where the wife seeks the husband pay the wife’s costs in the interim proceedings.

  • Petrovic & Petrovic [2016] FamCA 912

    31 Oct 2016

    FAMILY LAW – CHILDREN – Interim parenting – With whom the children live– Assessment of family violence risks posed by the father – Need to protect the children from harm– Nature of the children’s relationships – Capacity to provide for the children’s needs – Best interests of the children – No time with father and restraint on contact – History of contraventions of apprehended domestic violence orders.

  • Campbell & Diboll [2016] FamCA 911

    24 Oct 2016

    FAMILY LAW – DE FACTO RELATIONSHIP – Property division – Trust with corporate trustee – Orders made by consent for appointment of liquidators of the trustee company – Liquidators effectively liquidated the trust or attempted to do so – quaere what the property of the parties was – only substantial asset in the hands of either party property owned by the respondent before the relationship – husband in eighties living in caravan on son’s property – potential effect of any money being paid to the applicant being taken by the liquidator to discharge obligations in the trust (whether validly or not) – unsatisfactory evidence from both parties – failure to explain many transactions – applicant’s son’s company a party for a short time – liquidators parties to the proceedings.

  • Rostem & Sammarra [2016] FamCA 910

    23 Sep 2016

    FAMILY LAW – CHILDREN – where the parents are agreed that the child should continue to live primarily with the mother – whether the child should spend time with the father – where the child is fourteen years old – where the mother lives in Brisbane and the father lives in Perth – where the child has expressed a view that he does not wish to spend time with his father.

  • Hong & Cao (No 2) [2016] FamCA 909

    28 Oct 2016

    FAMILY LAW – COSTS – Where the husband makes an application for costs – Where the wife opposes the application for costs – Where the parties consented to the issue of costs being heard in the absence of the parties – Where the parties filed written submissions - Where the husband was wholly successful in his application for relief –Where the husband sought the wife’s consent to his proposed transaction on several occasions – Where the wife refused consent – Where the wife opposed the husband’s application at hearing – Where the conduct of the wife does not warrant a costs order against her – Where the application for costs is dismissed

  • Burnham & Mullane [2016] FamCA 908

    28 Oct 2016

    FAMILY LAW – COSTS – Where the Court dismissed the father’s application to re-open parenting proceedings –Where the mother seeks her costs on an indemnity basis –Where the Court is not satisfied that the matter falls within the exceptional category of cases that justify such an order – Where the father was wholly unsuccessful – Where the father was on notice that the mother intended to rely upon the principles of Rice & Asplund (1979) FLC 90-725 – Where the Court has had regard to the father’s conduct in the events said to have necessitated the filing of his application – Orders made for the father to pay the mother’s costs on a party/party basis.

  • Behn & Ziomek [2016] FamCA 907

    28 Oct 2016

    FAMILY LAW – CHILDREN – INTERIM PROCEEDINGS – Where the only outstanding issue for determination was the time the child is to spend with the father – Where the orders proposed by the ICL were supported by the mother – Where both proposals reduce the number of changeovers per fortnight – Where the child has behavioural difficulties and suffers from separation anxiety – Where the Court is satisfied that the orders proposed by the ICL will increase the time the child spends with the father without causing a significant change – Orders made.

  • Hijazi & Hijazi and Ors (No 2) [2016] FamCA 906

    28 Oct 2016

    FAMILY LAW – COSTS

  • Baumann and Ors & Rushbrooke and Anor [2016] FamCA 905

    28 Oct 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – SUBPOENA – Review of Registrar’s decision dismissing objections of the husband’s father and two third party companies to subpoenas filed by the wife – Where the wife contends that the husband has a legal and/or beneficial interest in the companies – Where the wife contends that the husband’s father and/or the companies are a financial resource to the husband – Whether the documents sought have apparent relevance to the issues in the substantive property proceedings – Whether the subpoenas are otherwise oppressive – Orders made varying or striking out paragraphs in the subpoenas.

  • Bevan & Masacci [2016] FamCA 904

    28 Oct 2016

    FAMILY LAW – PROCESS & PROCEDURE – Removal of livestock from property – payment of expert witness – spousal maintenance.

  • Benson & Jenkins [2016] FamCA 903

    28 Oct 2016

    FAMILY LAW – COSTS – in relation to an appeal from the Magistrates Court of Victoria – where the appellant father seeks that costs be paid on an indemnity basis – where the Court considers there is merit in the appellant father’s application – where the Court does not consider it would be appropriate to award costs on an indemnity basis – where an order is made for the respondent mother to pay costs over an extended period.

  • Woodby-Chatterjee & Chatterjee [2016] FamCA 902

    26 Oct 2016

    FAMILY LAW – PROCEDURE – Leave to amend grounds to challenge a Binding Financial Agreement – Where there had been no notice of the amendment – Where there had been a previous denial of reliance on such a ground – leave refused.

  • Chatterjee & Woodby- Chatterjee (No 3) [2016] FamCA 901

    26 Oct 2016

    FAMILY LAW – DISQUALIFICATION – Whether the Judicial Officer has displayed apprehended bias – Where there were a number of exchanges between the bench and the bar – Judicial Officer’s impression of a party’s case.

  • Cholic & Cholic [2016] FamCA 900

    27 Oct 2016

    FAMILY LAW – CHILDREN – Undefended parenting – Reunification process between the father and the children was unsuccessful – Relocation of the children from Adelaide to Perth – The father has disengaged from the proceedings – The father has spent no time or communicated with the children for almost seven years – Best interests of the children.

  • Cawley & Cawley [2016] FamCA 899

    26 Oct 2016

    FAMILY LAW – PARENTING – Where the mother seeks that the two children, aged 11 and 9, spend no time with the father – Where there are allegations of family violence and the father has a history of aggressive behaviour – Where the father has been convicted of  offences against minors – Where the children have expressed the view that they do not want to spend time with the father – Best interests of the children – No order made for the children to spend time with the father – Orders made for the mother to keep the father informed of any significant matters affecting the children – Orders permitting the father to contact the children by posting letters and cards to their residence on their birthdays and at Christmas – Orders made for the children to attend therapy.

  • Trevi & Trevi [2016] FamCA 898

    26 Oct 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – where trial had concluded and judgment was reserved – where husband subsequently sought to rely upon a document in reply to the written closing submissions of the wife – where the document sought to be filed and relied upon augments the Reply of counsel for the husband in final submissions and does not constitute new evidence – leave granted because of the particular circumstances surrounding the procedure adopted for closing addresses.

  • Kirbey & Kirbey [2016] FamCA 897

    17 Oct 2016

    PROCESS AND PROCEDURE – Hearing vacated – Costs reserved.

  • McCall & Clark [2016] FamCA 896

    25 Oct 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Procedural fairness – Where further evidence should be taken de bene esse – where the expert witness was recalled – where material had emerged during the course of the trial – where there was a significant change in the recommendations the expert witness had previously made – where the admission of evidence could be subsequently debated

  • Vale & Vale (No 4) [2016] FamCA 895

    25 Oct 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Adjournments – Where mothers oral application to adjourn the hearing of the father’s recover order is dismissed – where the court was not persuaded that the interests of justice weighed in favour of an adjournment

    FAMILY LAW – CHILDREN – Recovery order – where recovery order issued – where recovery order remains in force for twelve months – where it is in the child’s best interests to return into the fathers care
  • McMillan & McMillan (No 2) [2016] FamCA 894

    25 Oct 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – where an application for the Judge to recuse himself is dismissed – where there is no reasonable basis for the Judge to recuse himself

  • Choujaa & Hali [2016] FamCA 893

    21 Oct 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Application by the Husband for the appointment of a Case Guardian – Case Guardian appointed due to the Applicants incapacity and distress associated with the court proceedings.

  • Breust & Devine [2016] FamCA 892

    24 Oct 2016

    FAMILY LAW – Nullity – undefended application for decree of nullity of marriage on the ground that marriage is void – where applicant was mistaken as to the nature of the ceremony – where applicant believed she was participating in a “promise night” and relationship registration– where applicant lacked English proficiency and the relevant documents and statements of the marriage celebrant were not interpreted for her – marriage is void – application granted.

  • Forest & Duane [2016] FamCA 891

    21 Oct 2016

    FAMILY LAW – COSTS – Where the parties were in a de facto relationship– Where the applicant husband on two separate occasions instructs solicitors who subsequently cease to act – Where the husband is often not present at court on required dates – Where the husband does not participate in the final hearing – Where the husband’s actions caused unnecessary delay – Where the burden of finalising the matter is borne by the wife – Ordered husband to pay the wife’s costs

  • King & Hamidou [2016] FamCA 889

    21 Oct 2016

    FAMILY LAW – PROPERTY SETTLEMENT – Where the parties were married for approximately fourteen years – Where it was agreed that the Court should take a “one pool” approach – Where each party seeks to retain the parties’ business enterprise – Whether the Court should accept the enterprise’s value based on the amount the husband is willing to pay – Where the Court accepts the fair market value as assessed by the single expert – Where the parties each made substantial direct and indirect contributions to the  property pool – Where the wife has been consistently involved in the enterprise for twenty-seven years – Where the husband was involved in various business interests during the marriage – Where the enterprise’s financial position has improved under the management of the wife post-separation  –  Where the Court finds the parties’ contributions should be assessed at fifty-two and a half per cent to the wife and forty-seven and a half per cent to the husband – Where the Court finds section 75(2) factors favour an additional adjustment of two and a half per cent to the husband – Orders made for the wife to retain the business enterprise – Alternate orders made for the husband to acquire the enterprise should the wife be unable to retain it.

  • Gliddon & Heffron [2016] FamCA 888

    18 Apr 2016

    FAMILY LAW – CHILDREN – Best interest – Where final parenting orders have previously been made by consent – Where the mother seeks to have the final parenting orders discharged and interim orders made – Where the father opposes the mother’s application – Where the mother has made allegations against the paternal grandfather – Where the mother has ceased making the child available to spend time with the father – Whether the best interests of the child require this Court to entertain an application to change the current orders – Where there is a sufficient change in circumstances constituted by the child’s behaviour – Where the orders are varied on an interim basis but only to the effect of restraining the parents from allowing the child to be alone with the paternal grandfather – Where the substantive orders are not otherwise varied – Appointment of Independent Child Lawyer.

  • Chandyo & Chandyo [2016] FamCA 887

    21 Oct 2016

    FAMILY LAW – PROPERTY – Application to set aside consent orders pursuant to Section 79A of the Family Law Act 1975 (Cth) on ground of either miscarriage of justice – Whether there is sufficient evidence to establish ground – Where parties perpetrated a falsehood as to the facts underpinning the application for consent orders – Where miscarriage of justice established – Where discussion of applicable principles – Where appropriate to exercise discretion to set aside consent orders.

  • Grant & Attard [2016] FamCA 885

    20 Oct 2016

    FAMILY LAW – CHILDREN – Parenting – interim order – where change of residence has been ordered but contact to be determined.  Where husband and Independent Children’s Lawyer submit even supervised contact should not be ordered until wife gets psychiatric assessment and treatment.  Where it is found such orders are not in child’s best interests taking into account issues of unacceptable risk.  Orders for supervised time made.

  • Imani & Etola [2016] FamCA 882

    14 Sep 2016

    FAMILY LAW – PROCESS AND PROCEDURE – adjournment – non-compliance with evidence filing – costs

  • Philips & Samuels [2016] FamCA 881

    14 Oct 2016

    FAMILY LAW – INJUNCTIONS – Where application for injunctions as to conduct and anticipatory conduct frustrating previous consent orders for sale – Where previous consent orders as to sale sought to be revisited – Where proposed sale by auction sale at future date – Where not appropriate for orders to be made in circumstances - Where further application appropriate if auction frustrated by conduct of a party – Applications dismissed.

  • Osborne & Fletcher [2016] FamCA 880

    14 Oct 2016

    FAMILY LAW – PROPERTY – Interim Property Application – Whether the former matrimonial home should be sold – Where the father has defacto occupation of the former matrimonial home – Where the father makes no payments in regard to the property - Where the mother seeks an order for sale and investment of all net proceeds – Where the father seeks to retain the property on final hearing  - Where discussion of general principles - Where inappropriate to order sale at present – Where appropriate that father pay mortgage and outgoings pending further order – Where appropriate that mother have leave to apply if default by the father.

    FAMILY LAW – PARENTING – Interim Parenting Orders – Time the child should spend with the father – Where both parties seek equal shared parental responsibility on an interim basis – Where agreed that child will live with mother – Where each party has made accusations of  abuse and inappropriate conduct against the other – Where there is no objective evidence as to those accusations – Where the accusations cannot be tested on an interim level – The best interests of the child – Where parties to engage in Child Responsive Program imminently- Where child of mature age – Where no objective evidence of the child’s wishes -  Where appropriate to await Child Responsive Memorandum – Where matter adjourned part heard as to the child’s time with the father.
  • Allen & Cortez (No 2) [2016] FamCA 837

    28 Sep 2016

    FAMILY LAW – COSTS – Application for costs arising out of a forum dispute – consideration as to whether s 117 or State legislation applies – held that proceedings where the court exercised its implied powers are not proceedings under the Act – costs follow the event

    FAMILY LAW – COSTS – Indemnity costs – principles for making an award of costs on an indemnity basis considered
  • Andrews & Kyle [2016] FamCA 836

    19 Aug 2016

    FAMILY LAW – SPOUSAL MAINTENANCE - Application by husband seeking the discharge of Orders in respect of his obligation to pay spousal maintenance–Application dismissed

    FAMILY LAW – CHILD SUPPORT – Application by husband seeking the discharge of Orders in respect of his obligation to pay child support – Application dismissed

    FAMILY LAW – COSTS Application by wife for costs thrown away on court appearance on the first return date and the costs of the hearing – Application by wife for costs on the application brought by the husband where the husband was substantially unsuccessful – Costs allowed on party/party basis
  • Alberts & Bagnoli [2016] FamCA 835

    15 Aug 2016

    FAMILYLAW – CHILDREN – With whom a child lives – With whom a child spends time – With whom a child communicates - Orders that father spend no time with the child without written consent of the mother or an order of a court exercising jurisdiction under the Family Law Act 1975 (Cth) – Order that mother have sole parental responsibility for the child including the issue of a passport - Application by mother to change child’s surname – Application granted

  • Zenabi & Zoulek [2016] FamCA 834

    21 Oct 2016

    FAMILY LAW – CHILDREN – Undefended parenting – Where the father has withdrawn his Application – Best interests of the children –Where the father has perpetrated family violence – Benefit of a meaningful relationship with each parent – Coercive and controlling conduct – Need to protect the children from harm – The mother have sole parental responsibility for the children.

  • Storey & Martel [2016] FamCA 833

    30 Sep 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Adjournment – where father’s oral application for an adjournment is dismissed – where father seeks an adjournment until his criminal proceedings conclude – where the effect of determining the mothers application rather than adjourning it does not deprive the father any real opportunity to litigate his rights – where it is in the interests of justice to determine the application rather than adjourn

    FAMILY LAW – PARENTING – Interim Proceedings – where mother has sole parental responsibility of the child – where father seeks equal shared parental responsibility – where father seeks interim orders requiring the mother to relocate to an area close to him – where mother alleges father has sexually abused the child – where father was charged with a number of sexual assaults of the mother and one other person – where father is remanded in custody – where father has a criminal history – where mother currently exercises de facto sole parental responsibility – where the presumption of equal shared parental responsibility does not apply

    FAMILY LAW – PRACTICE AND PROCEDURE – where service of documents upon the C Correctional Centre is deemed good service upon the fathe
  • Oscini & Campotelli [2016] FamCA 832

    30 Sep 2016

    FAMILY LAW – CHILDREN – where the father asks for increased supervised time.

  • Davidson & Hunt [2016] FamCA 829

    30 Sep 2016

    FAMILY LAW - INTERIM PROPERTY SETTLEMENT – interests of creditors.

  • Delahunty & Delahunty [2016] FamCA 828

    30 Sep 2016

    FAMILY LAW – CHILDREN – Where allegations of unacceptable risk – where alleged risk arises from a relative of the mother – assessment of risk if child returned to care of mother pending hearing.

  • Ward & Ward [2016] FamCA 827

    29 Sep 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Adjournment – where the father’s application for an adjournment dismissed – father’s application for an adjournment was on compassionate grounds – where father travelled to Adelaide to be with his terminally ill father – where the father’s oral submissions relied upon a desire to obtain legal representation – where father’s refusal to avail himself for a short adjournment to participate from the Adelaide Registry weighs against an adjournment – where the trial will not proceed undefended

  • Strahan & Strahan (No 3) [2016] FamCA 826

    01 Sep 2016

    FAMILY LAW – PROCEDURAL – Where litigation has been pending for 11 years – Where the wife, who is the applicant, asserts she is unready for final trial – Where the wife asserts she remains uncertain as to the extent of the husband’s financial affairs – Where the wife claims there is need for further discovery – Where the wife concedes any proven failure by the husband to give full and frank financial disclosure will enable her to submit for a more generous share of known property – Where the wife claims she needs further litigation funding – Where the wife has not made an application for further litigation funding – Where the intervening period before the allocated trial dates is sufficient time for the parties to prepare –– Ordered that the proceedings be set down for trial

  • Ding & Ding (No 2) [2016] FamCA 824

    23 Sep 2016

    FAMILY LAW – PROCEDURAL – Where the wife fails to serve her Amended Application on joined parties – Where the wife files and serves her supporting affidavit out of time – Where the wife seeks an adjournment – Where any unreadiness for interim hearing is the wife’s own fault – Ordered that the application for adjournment is dismissed

    FAMILY LAW – DISCLOSURE – Where the wife seeks orders for disclosure by the husband and third parties – Ordered that the parties file undertakings confirming compliance with their obligations of disclosure – Ordered that the wife have leave to issue subpoenae to the third parties – Ordered that the wife be permitted to interrogate the husband pursuant to Part 13.3 of the Family law Rules 2004 (Cth)

    FAMILY LAW – VALUATION – Where the husband concedes he transferred property either to family members or for no consideration – Where the husband no longer has legal or beneficial interest in certain property – Where valuations of such property can be conducted without trespass – Current owners of the property do not need to consent to its valuation – Where the wife does not have resources to meet the cost of valuation – Ordered that the husband pay the costs of the single expert valuer

    FAMILY LAW – INJUNCTION – Where the wife is a judgment debtor under a judgment entered in a State court – Where the wife seeks an injunction restraining enforcement of the debt against her – Where no argument is advanced for why the judgment creditor, who is not a party to these proceedings, should be denied the fruits of its litigation – Ordered the application is dismissed
  • Angliss & Angliss (No 2) [2016] FamCA 823

    29 Sep 2016

    FAMILY LAW –PROPERTY – Interim – Mandatory Injunction – Whether the wife should be compelled to provide identification to the bank – Where identification is required to obtain a bank guarantee for the parties’ business – Where the business is contractually obliged to obtain a bank guarantee in the order of $233,000 – Where failure to obtain the bank guarantee would create a real risk of substantially reducing the value of the business entities and matrimonial pool.

    FAMILY LAW –PROPERTY – Interim – Disclosure – Whether the wife has complied with her duty to disclose – Application dismissed.
  • Cottard & Crichton [2016] FamCA 819

    20 Sep 2016

    FAMILY LAW - PRACTICE AND PROCEDURE – Objections to evidence – Where the husband objects to part of the evidence upon which the wife sought to rely – Where the wife attaches written communications in connection with an attempt to negotiate a settlement of the dispute – Where the material attracts provisions of s 131 of the Evidence Act 1995 (Cth) – Whether there should be a broad or narrow construction of s 131(2)(g) of the Evidence Act – Where the offers of settlement do not attract provisions of s 131(2)(g) of the Evidence Act– Where the objection is upheld. 

    FAMILY LAW - PRACTICE AND PROCEDURE – Disqualification application – Where the husband makes a disqualification application on the basis that offers of settlement had been read – Where the application is dismissed. 

    FAMILY LAW - PROPERTY – Interim – Where the wife seeks an order for a lump sum by way of interim property settlement or interim costs – Where the wife seeks spousal maintenance – Where the husband contends the wife is entitled to no order – Where the husband has current assets worth in excess of $25 million – Where the husband undertook to the wife to look after her financial requirements – Where the husband has ceased to provide any ongoing support for the wife – Where the parties’ luxurious lifestyle during their relationship is taken into account – Where the husband is ordered to pay the wife a lump sum amount and spousal maintenance – Where the wife’s interim needs will be reduced on a periodic basis by the amount of income the wife receives from her personal exertion – Where the wife’s applications in relation to a motor vehicle is dismissed. 

    FAMILY LAW - INJUNCTIONS – Where application for property injunctions is dismissed.

  • Withers & Russell and Anor [2016] FamCA 793

    20 Sep 2016

    FAMILY LAW – CHILDREN – Where the wife seeks that the children be permitted to live with her in the United States – Where the husband seeks that the children reside with him in Australia – Where the wife makes serious allegations of family violence and child abuse – Where the allegations of family violence and child abuse are largely made without substantial foundation – Where the risk posed by the wife to the children’s relationship with the husband is far greater than the risk posed by the husband to the children’s relationship with the wife – Where the husband is to have parental responsibility subject to conditions – Where it is in the best interests of the children to reside in Australia with the husband and spend time with the wife and the maternal grandparents – Where there is a delay in when the children will be permitted to spend time with the wife in the USA. 

    FAMILY LAW – CHILDREN – PASSPORTS – Consideration of the provisions of s 11 of the Australian Passports Act 2005 (Cth) (“APA”) – Whether an order for sole parental responsibility is sufficient to give exclusive responsibility in the hands of the husband to apply for passports or travel related documents for the children – Where it is not – Consideration of power under APA exercised – Consideration of form of orders to be made. 

    FAMILY LAW – PRACTICE AND PROCEDURE – Application to remove the ICL – Where the application is dismissed. 

    FAMILY LAW – PROPERTY – Where the wife makes an application for the matrimonial law of California to apply when making the property settlement order – Where the application is dismissed. 

    FAMILY LAW – PROPERTY – Where the parties’ net assets are almost entirely represented by the value of the husband’s superannuation interest –Where properties held by the wife’s trust are cross collateralised against other property and debt held by the parties – Where the wife made a significant initial contribution – Where the parties’ contributions during the marriage are equal – Where the wife received the net proceeds of the sale of two properties since separation – Where the wife has made greater contributions in the role of parent since separation – Where there should be a 5 per cent adjustment in favour of the wife based on contributions – Where the husband will have primary responsibility for the children – Where there is a 5 per cent adjustment in favour of the husband based on s 79(4)(d)-(g) factors – Where the assets and liabilities of the parties should be divided evenly – Where all properties need to be available to cover or repatriate debt but the parties are given a two month period in which to refinance or retain the properties – Where orders are made by consent dismissing the husband’s application against the 2nd respondent. 

    FAMILY LAW – PRACTICE AND PROCEDURE – Disqualification application – Where the application is dismissed. 

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the 2nd respondent makes an application to reopen the parenting hearing and adduce further evidence – Whether it is necessary in the interests of justice and best interests of the children to reopen the case – Where the application made by the 2nd respondent is replicated in the alternate application made by the wife in the substantive parenting proceedings – Where considerable prejudice would be occasioned to the children and the husband if the case was reopened – Where the application is dismissed.

  • Kallias & Kallias [2016] FamCA 770

    08 Sep 2016

    FAMILY LAW – CHILDREN – Parenting orders – where applications centre around the youngest of two children – where parties agree to have equal shared parental responsibility of both children – where parties agree that older child live with the parents on a week about basis – where there is dispute in relation to the living arrangements for the younger child– where father seeks a week about arrangement for both children – where mother seeks to maintain the status quo of the younger child spending five nights per fortnight with the father and nine nights per fortnight with the mother – where children enjoy a close sibling relationship – where younger child is immature – where little weight attributed to the younger child’s views – where family consultant supports mother’s proposals – best interests of the child – order made in accordance with mother’s proposal – status quo to remain.

    FAMILY LAW – CHILDREN – Parenting orders – Where other parenting orders made by consent in relation to the children spending time with the parents on special occasions, save for the time the younger child is to spend with the parents on the child’s birthday – order made in relation to the younger child’s birthday.

    FAMILY LAW – CHILDREN – Parenting orders – Where mother seeks an order which provides that in the event either parent is unable to personally care for the children during the children’s time with that parent, the other parent be given the first option to care for the children – where father opposes such an order – order made in accordance with mother’s proposal.

  • Farrell & Farrell [2016] FamCA 744

    05 Sep 2016

    FAMILY LAW – COSTS – Where the wife seeks that the husband pays her costs in relation to an application to enforce the husband’s obligations under a binding child support agreement – Where the parties ultimately entered into consent orders settling the outstanding amounts to be paid by the husband – Where the wife had failed to adequately particularise her claim – Application dismissed.