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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.

  • Sam & Lamothe [2016] FamCA 576

    15 Jul 2016

    FAMILY LAW – JURISDICTION - DE FACTO RELATIONSHIP – Property settlement – Where the respondent seeks a declaration pursuant to s 90RD of the Family Law Act 1975 (Cth) (“the Act”) that the parties relationship was a “de facto relationship” within the meaning of s 4AA(2) of the Act – Whether the parties were living together on a “genuine domestic basis” – Where it is agreed that the parties were in a de facto relationship for an earlier period of time – Where the circumstances taken together support a finding that the parties were in a de facto relationship at the relevant time – Declaration made.

  • Spiteri & Walker (No 2) [2016] FamCA 575

    28 Jun 2016

    FAMILY LAW – CONTRAVENTION – Where the mother seeks contravention orders – Where mother ordered to pay costs

  • Bletch & Douglas (No 2) [2016] FamCA 573

    30 Jun 2016

    FAMILY LAW – CHILDREN – Enforcement of orders – Orders cease to have effect upon child attaining 18 years of age.

  • Baxter & Baxter [2016] FamCA 572

    07 Mar 2016

    FAMILY LAW – CHILDREN – Best Interests – Where the mother sought orders enabling her to relocate to Ireland with the children – Where it was common ground the children will continue to live with the mother – Where the children have meaningful relationships with both parents – Where the children are not in need of any protection against the risk of physical or psychological harm through their exposure to family violence committed by the father – Where the mother is not exposed to an unacceptable risk of family violence – Where the mother’s parenting capacity would deteriorate to the detriment of the children if forced to maintain her residence with the children in Australia – Where the evidence does not justify restraint on the mother’s relocation with the children to Ireland, provided she obtains advance recognition of the orders in Ireland and financially empowers the father to travel there to visit them – Where as a condition precedent to the mother’s removal of the children from Australia, she must obtain from a court of competent jurisdiction in Ireland a declaration that the Australian orders are registered and enforceable in Ireland and pay a stipulated sum to the father, in default of which she is restrained from moving the children’s residence more than 500 kilometres away from where they currently live – Where the children will spend time with the father under differing regimes, depending upon the proximity of the parties’ homes

    FAMILY LAW – CHILDREN – Parental Responsibility – Where it is not in the children’s best interests for the parties to have equal shared parental responsibility – Where the mother should be conferred with exclusion parental responsibility for the children

  • Klearchos & Klearchos & Ors [2016] FamCA 571

    24 May 2016

    FAMILY LAW – PROPERTY SETTLEMENT – PRACTICE AND PROCEDURE – Application to have the final proceedings heard in separate blocks – Interests of justice – Where there is no defined separation of issues –Where the onus falls to the party proposing a separated hearing – Where the onus has not been discharged – Application dismissed.

    FAMILY LAW – PRACTICE AND PROCEDURE – Application to dispense with the requirement for a conciliation conference – Where there would be little utility in the parties participating in a conciliation conference – Notation that the proceedings under s 79 of the Family Law Act 1975 (Cth) may be heard despite the parties not having attended at a conciliation conference with a registrar.

    FAMILY LAW – EXPERT EVIDENCE – Application to rely on adversarial experts in the case of disagreement as to choice of single experts – Orders made for a procedure to appoint single experts.

  • Maddigan & Geary (No 2) [2016] FamCA 570

    16 Jun 2016

    FAMILY LAW – STAY APPLICATION – Where the mother seeks a stay of final parenting orders – Where those orders provided for the children to move to live with the father and spend substantial and significant time with the mother after a short initial embargo period – Where the mother’s appeal would not be rendered nugatory by dismissal of her stay application – Where the children will soon begin spending time with the mother in accordance with the final orders – Where it would cause considerable disruption to the children to again reverse their residence pending the outcome of the mother’s appeal – Where such a vacillation in the children’s residences would not be in their interests – Mother’s stay application dismissed

  • Pelagia & Pelagia [2016] FamCA 569

    03 Jun 2016

    FAMILY LAW – ENFORCEMENT – Application for a s 106A order – where the wife seeks to enforce a transfer of land pursuant to consent orders made in 2007 – where the wife is unable to contact the husband – where the wife has attempted to obtain the husband’s consent to the transfer – orders made as sought by the wife

  • Edwards & Edwards (No.2) [2016] FamCA 568

    07 Jul 2016

    FAMILY LAW – CONTRAVENTION – No appearance by the applicant – application dismissed

  • Booth & Booth [2016] FamCA 567

    17 Jul 2016

    FAMILY LAW – ENFORCEMENT – Application by the wife for enforcement of final property orders – where the husband opposes the immediate sale of a property on the basis of alleged contamination of the property – where the issue of contamination was dealt with under the final orders – where the husband has produced no evidence as to new contamination of the property – where communication form the husband following final orders being made demonstrates an intention to frustrate final orders – wife entitled to fruits of the judgment – orders made for the sale of property 

    FAMILY LAW – COSTS – Application by the wife for costs in a fixed sum – where the husband was wholly unsuccessful – where the husband has engaged in conduct designed to thwart the operation of orders – orders made for costs

  • White & Andrews [2016] FamCA 566

    07 Jun 2016

    FAMILY LAW – CHILDREN – Airport watch list order – application by the mother for a discharge of a watch list order restraining the father from removing the child from Australia – where the child is now 16 years of age – where the child has previously travelled overseas with the mother and has experience delays as a result of the watch list order – where the father has not seen the child for five years – final orders made discharging the watch list order

  • Baden & Baden [2016] FamCA 565

    13 Jul 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Adjournments – Application for adjournment refused.

  • Sloane & Hibbert [2016] FamCA 564

    07 Jul 2016

    FAMILY LAW – CHILDREN – INTERIM PROCEEDINGS – Where the only issue for determination is in relation to changeover arrangements – Where changeover has already been occurring at the maternal aunt’s home for six months – Where the respondent proposes that changeover occur at McDonalds – Where the Court finds it is in the best interests of the child for the changeover arrangements to remain unchanged.

    FAMILY LAW – CHILDREN – PROPERTY – INTERIM PROCEEDINGS – Where the applicant seeks exclusive occupation of a recently built property owned by the parties – Where the applicant says she is unable to remain in her current accommodation with the child – Where no submissions were made in response to that evidence on behalf of the respondent – Where the respondent’s evidence failed to establish that the child’s safety was compromised if the child resided in the property with applicant – Orders made for the applicant to have exclusive occupation of the property.

  • Saylor & Hayden [2016] FamCA 563

    29 Jun 2016

    FAMILY LAW – CHILDREN – Where neither party has taken any step in the proceedings for over twelve months – Where the children were returned to the care of the mother following the father being diagnosed with a terminal brain tumour – Where the father is unable to be located and has not made contact with the children since they were thirteen years of age – Where the children are now seventeen years of age – All previous orders discharged – All outstanding applications dismissed.

  • Parashar & Parashar [2016] FamCA 562

    07 Jul 2016

    FAMILY LAW – CHILDREN – Undefended – Where the father seeks sole parental responsibility for the child and for the child to live with the father – Where the mother has refused the child being returned to her care – Where numerous attempts have been made to effect service upon the mother in Australia and overseas – Where it appears the mother may now live overseas – Where it is impractical for the parties to have equal shared parental responsibility for the child – Orders made as sought by the father – Mother granted liberty to apply to discharge or vary Orders.

    FAMILY LAW – PROPERTY – Undefended – Where the Court is unable to make a determination as to whether the orders sought by the husband are just and equitable – Where, on balance, orders should be made to reflect the reality that each party will retain the personal property in their possession and their superannuation – Orders made as sought by the husband – Wife granted liberty to apply to discharge or vary Orders.

  • Kendle & Beamish [2016] FamCA 561

    07 Jun 2016

    FAMILY LAW – CHILDREN – Hearing de novo – application by the father to increase his time with the child – where the father alleges that he was the primary carer of the child during the relationship – where the mother disputes the father’s position – evidence that the child has a strong attachment to both parents – where the father’s proposal provide for the child to spend 10 nights per fortnight with him – where the mother’s proposal provides for the child to spend no more than three days apart from each parent – interim orders made in accordance with the mother’s proposal

  • Tallant & Kelsey (No 2) [2016] FamCA 560

    10 Jun 2016

    FAMILY LAW – CHILDREN – Interim parenting – Extent of and circumstances of the children’s time with the father – Parental responsibility – Expert Report admissibility determined – Provision of Expert Report to children’s therapeutic counsellor.

  • Lowry & Jeffery & Anor [2016] FamCA 559

    11 Jul 2016

    FAMILY LAW – CHILDREN – With whom a child lives – Where there are competing parenting applications for responsibility of the child – Where there is a history of family violence between the parties - Whether it is in the best interests of the child to be in the mother’s care – Where unsupervised time with the grandfather would present an unacceptable risk of harm to the child – Where the grandfather and intervenor concede a continuing drug use – Where there is a benefit to the child in maintaining relationships with all parties provided the child’s best interests are safeguarded.

  • Pearson & Pearson [2016] FamCA 558

    04 Jul 2016

    FAMILY LAW - INTERIM COSTS – Where the husband seeks an order for lump sum costs pursuant to s 117(2) – Where the husband seeks spousal maintenance – Where there is a consideration of the matters under s 117(2A) – Where there is a disparity in financial positions between the parties – Where the husband does not have any asset which could be accessed to repay the lump sum in the event that it is found that the interim costs order should not have been made – Where it is unclear if the wife has a current capacity to make periodic spousal maintenance payments to the husband – Where both applications are dismissed.

  • Josselyn & Josselyn and Ors [2016] FamCA 557

    08 Jul 2016

    FAMILY LAW – PROPERTY – INTERLOCUTORY INJUNCTIONS – Where the wife seeks an interlocutory injunction to prevent further changes in the control of a family trust – Where there have been recent changes to the guardian and directors of the trustee of the family trust – Where the wife submits that those changes evidence the possibility of an intention sufficient to establish the risk of disposal of assets with the intent to defeat an order – Where the respondents oppose the orders sought by the wife – Where it is submitted that the assets held by the family trust could be found to be effectively held by the husband – Where the family trust has the hallmarks of a discretionary trust which holds assets available for distribution between the parties – Where the fact that the value of assets is not known does not mean an application for an order protecting assets must fail – Where it is found to be just and convenient to grant the relief sought by the wife.

  • Elkin & Wearne [2016] FamCA 556

    06 Jul 2016

    FAMILY LAW – PROPERTY – Where property orders made by consent have been set aside - Where the husband submits that the contributions of each of the parties is equal - Where the husband seeks a 5 to 10 per cent adjustment in his favour based on the disparity of income earning capacity of the parties – Where the wife submits that there should be a 70/30 division in her favour as her contributions exceeded those of the husband – Where the wife submits that her post separation contributions have been overwhelming - Where the wife seeks a 10 per cent adjustment in her favour because she has the children to look after – Where the parties disagree on the date of separation - Where it is just and equitable to make an order altering property – Where orders are made under section 79 – Where weight is given to the wife’s initial and post-separation contributions - Where orders are made for the wife to receive 65 per cent of the current assets and the husband to receive 35 per cent – Where the date of separation is of no relevance when assessing contributions - Where no further adjustments are made pursuant to s 79(4)(d)-(g) – Where the application by the wife to exclude evidence given by the single expert is dismissed

  • DFCS & Cousins [2016] FamCA 555

    06 Jul 2016

    FAMILY LAW – CHILD ABDUCTION – Hague Convention – Where an application is made for the return of two children to New Zealand – Where the mother relies upon Regulation 16(3)(b) to oppose the return of the children – Where the mother relies on nurse’s notes as a contemporaneous record to support her allegations of violence – Where there has not been any proper testing of the allegations made by the mother – Where the mother asserts that she has mental health issues but this evidence is untested – Where the mother asserts a return order would place her in an intolerable situation as she would have limited and uncertain supports available – Where there is evidence that the mother will be able to access support in New Zealand – Where the mother does not satisfy the threshold test of “grave risk” – Where orders are made to return the children to New Zealand – Where orders are made under Regulation 25A(1)(c) for the father to pay the costs of the mother and children’s travel back to New Zealand and pending further order in New Zealand to pay the costs of the mother’s reasonable accommodation in New Zealand

  • Caplan & Caplan [2016] FamCA 554

    06 Jul 2016

    FAMILY LAW – CHILDREN – Where there is a long history of parenting proceedings – Where the children ordinarily reside with the father – Where the children’s relationship with the mother has broken down for periods of time – Where orders have been previously made for the eldest child to make her own decisions about time with the mother – Where the eldest child no longer sees the mother – Where the main issue for determination is the time the youngest child is to spend with the mother – Where the youngest child seeks the same arrangement as the eldest child in relation to time with the mother – Where great weight is put on making an order that lessens the likelihood of further litigation –Where it is ordered that the father have sole parental responsibility for the eldest child – Where the parties have been able to resolve issues in the past when making joint decisions for the youngest child – Where it is ordered that the parents have shared parental responsibility for the youngest child, except in relation to her health, where the father will have sole parental responsibility to make a decision about a major long term issue in respect to health, after all reasonable attempts have been made with the mother to reach a joint decision about that issue – Where it is ordered that each child spend time with the mother at times agreed between each child and the mother – Where the father may travel with the children outside Australia at times he chooses – Where the mother may travel with the children outside Australia at times agreed to in writing with each child – Where there is no reason to make an order restricting the mother’s travel to Hague convention countries – Where the father’s application for an order that the ruby ring held on trust by the mother be given to the youngest child is dismissed.

  • Bondelmonte & Bondelmonte (No 3) [2016] FamCA 553

    04 Jul 2016

    FAMILY LAW – PROPERTY – Interim – Where the wife seeks orders for access to documents filed in the Federal Court of Australia in proceedings involving the husband – Where the husband opposes the wife’s application – Where the wife asserts that the husband has failed to make full and frank disclosure of his financial position and that the documents sought relate to the husband’s financial position – Where the matters raised in the Federal Court proceedings involving the husband lead the wife to bring an application under s 79A - Where the husband seeks particulars of the wife’s claim under s 79A(1)(a) - Where the husband asserts that the wife’s application is a fishing expedition – Where the husband asserts that the wife has misused information relating to him in these proceedings - Where orders are made for the wife’s lawyers to inspect the documents provided by the Federal Court of Australia.

  • Machaut & Bellini (No 2) [2016] FamCA 552

    22 Jun 2016

    FAMILY LAW – CHILDREN – PROCESS AND PROCEDURE – interim parenting.

  • Khalid & Khalid (No 2) [2016] FamCA 551

    04 Jul 2016

    FAMILY LAW – CONTRAVENTION – VARIATION OF CURRENT ORDERS

  • Khalid & Khalid [2016] FamCA 550

    21 Jun 2016

    FAMILY LAW – PROPERTY – APPLICATION FOR FINAL ORDERS – CONTRAVENTION

  • Casano & Antipov (No 2) [2016] FamCA 549

    07 Mar 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Application for adjournment refused.

  • Casano & Antipov [2016] FamCA 548

    07 Jul 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Provision of previous Reasons for Judgment and Orders to Police and the Department of Family and Community Services.

  • Lincoln (deceased) & Miller [2016] FamCA 547

    07 Jul 2016

    FAMILY LAW – BINDING FINANCIAL AGREEMENT - Validity - Whether the respondent has standing to prosecute his claim - Where the respondent is bankrupt - Whether the Court has the power to grant declaratory relief in the circumstances - Whether a de facto relationship existed between the respondent and the deceased - Whether the respondent signed the agreement under duress

  • Lockwood & Lockwood [2016] FamCA 545

    01 Jul 2016

    FAMILY LAW – PROPERTY – INTERIM PROCEEDINGS – Where the wife seeks orders that the husband be removed as a trustee of a family trust and that she be appointed trustee instead – Where the wife seeks orders for the sale of two interstate properties with her to receive the rental income generated pending sale – Where the wife seeks orders restraining the husband’s use of his superannuation – Where the Court finds the husband’s actions do not warrant his removal as trustee – Where the Court finds no evidence has been adduced by the wife warranting injunctive orders in relation to the husband’s superannuation – Where the Court is not prepared to make orders for the sale of the two interstate properties in circumstances where the husband seeks to retain them on a final basis – Orders made in terms of the Minute submitted by the husband.

  • Idanov & Dunstable [2016] FamCA 544

    07 Jul 2016

    FAMILY LAW – CHILDREN – final parenting orders – mother alleges sexual abuse of three children by father – where the children have participated in multiple interviews with professionals – where the mother’s reporting of the children’s allegations is inconsistent – whether the parents should have equal shared parental responsibility – whether the mother has coached the children to make false allegations against the father – whether the children spending unsupervised time with the father amounts to an unacceptable risk – whether the children’s time with the father should be supervised.

  • Armstrong & Arnstrong [2016] FamCA 543

    07 Jul 2016

    FAMILY LAW – CHILDREN – Where the applicant step-father and respondent mother seek that orders be made by consent for equal shared parental responsibility of the child – Where the child was conceived as a result of a sexual assault perpetrated on the mother – Where there is no real possibility of the mother ascertaining the identity of the child’s biological father– Where the applicant has fulfilled the role of father to the child and the child perceives him as her father – Where the Court finds it is in the best interests of the child for the orders to be made.

  • Spalding & Barbaro [2016] FamCA 542

    07 Jul 2016

    FAMILY LAW – CHILDREN – INTERIM – where the parents previously entered into consent orders in relation to the care arrangements for their four children – where those orders provided for two of the children to live in a week about arrangement – where the youngest two children were born after the parties’ separation – where the consent orders provided for their time with their father to gradually increase and then be reviewed – where each party makes serious allegations against the other – where both parties sought a variation in relation to the care arrangements for the two youngest children – where the father contended the principles in Rice & Asplund precluded a variation of the care arrangements for the two oldest children – where final hearing will involve consideration of what is in best interests of all four children.

  • Choudhary & Hailey and Ors [2016] FamCA 541

    05 Jul 2016

    FAMILY LAW – CHILDREN – With whom the children live – With whom the children spend time – Parental responsibility – Best interests of the children – Where the paternal grandparents and mother reached agreement – Where the father has disengaged from the proceedings – Decision on an undefended basis against the father – Where the elder child lives with the paternal grandparents and the younger child lives with the mother – Issue of the mother’s protective capacity – Issue of the elder child’s behaviour and the paternal grandparents’ capacity – Issue of the limited contact between the children – Where satisfied that the father has perpetrated family violence – Views of the children – Nature of the children’s relationships – Attitude to the responsibilities of parenthood – Likely effect of any change in circumstances – Orders made on a final basis for the elder child to continue to live with the paternal grandparents – Orders made on an interim basis for the younger child to live with the mother – No contact with the father – Family therapy – Orders for the children to spend time together. 

    FAMILY LAW – CHILDREN – INTERVENTION – Section 91B Order – Department of Family and Community Services invited to intervene.

  • Bentleigh & Murdoch [2016] FamCA 540

    06 Jul 2016

    FAMILY LAW – CHILDREN – Final parenting – With whom the children live – With whom the children spend time – Parental responsibility – Best interests of the children – Where the mother is not participating in the proceedings or spending time with the children – Father primary carer – Circumstances in which the mother relinquished the care of the children to the father – Issues of family violence, drug use and mental health – Need to protect the children from harm – Parental capacity – Attitude to the responsibilities of parenthood – Children to live with the father – Spend time with the mother at times and conditions as agreed – Father to hold sole parental responsibility.

    FAMILY LAW – PRACTICE AND PROCEDURE – Undefended final hearing.

  • Speirs & McCarthy [2016] FamCA 539

    21 Jun 2016

    FAMILY LAW – CHILDREN – PROCESS AND PROCEDURE - ADJOURNMENT

  • Tallant & Kelsey [2016] FamCA 538

    10 Jun 2016

    FAMILY LAW – EVIDENCE – Admissibility – Expert report.

  • Thommen & Thommen [2016] FamCA 537

    27 Jun 2016

    FAMILY LAW – CHILDREN – VARIATION – Application to vary consent orders made by the senior registrar – Where the father opposes that application and seeks that the application be dismissed – Where the child is 15 years of age – Where the current orders permit the father to take the child overseas for the purpose of enabling him to participate in a development program – Where the mother seeks to have another family member accompany the child to attend the overseas program – Where it was submitted on behalf of the father that having determined the application this Court is now functus officio – Where the appropriate course was to make an application for a review of the decision of the senior registrar – Application dismissed.

  • Slipper & Calder [2016] FamCA 536

    23 Jun 2016

    FAMILY LAW – CHILDREN

  • Riley & Riley [2016] FamCA 535

    01 Jul 2016

    FAMILY LAW – PROPERTY SETTLEMENT – Valuation of a business as a going concern – hearing on a discrete issue by agreement – where there were two competing expert valuations leading to significantly different valuations after an unsuccessful attempted sale of the business – net tangible assets valuation preferred.

  • Luk & Choy [2016] FamCA 534

    30 Jun 2016

    FAMILY LAW – JURISDICTION - De Facto – Where the applicant sought a declaration pursuant to s 90RD of the Family Law Act 1975 (Cth) in relation to property settlement proceedings, that a de facto relationship existed between the applicant and the respondent – Where the proceedings were commenced in the Supreme Court of New South Wales and they were transferred to this Court – Where the parties were in a relationship for less than two years – Where English is not the first language of each of the parties – Where the affidavit relied upon by the respondent had not been verified by him prior to affirming it – Consideration of the circumstances set out in s 4AA(2) of the Family Law Act 1975 (Cth) – Whether the parties were living together on a “genuine domestic basis” – Where the parties engaged in sexual relations – Where the parties purchased a property together as joint tenants – Where there are no children of the parties’ relationship –Where the nature of the parties’ relationship does not meet the statutory definition – Application seeking declaration for a de facto relationship dismissed.

  • Atkins & Gatting [2016] FamCA 533

    01 Jul 2016

    FAMILY LAW – CHILDREN – FINAL PARENTING ORDERS – Best interests – applicant mother and Independent Children’s Lawyer seeking final orders on an undefended basis – where the family has had significant historical involvement with the Department of Health and Human Services – where the evidence is untested – order made that the mother have sole parental responsibility – order that the children live with the mother and spend time with the father as agreed in writing.

    FAMILY LAW – PRACTICE AND PROCEDURE – Procedural fairness – where the father has failed to comply with orders – where the father has repeatedly failed to attend court – where the father has failed to take any step in the proceedings since his legal representative ceased to act – where procedural fairness has been afforded to the father and no proposals are made by the father.

  • Tolbert & Tolbert (No 2) [2016] FamCA 532

    19 May 2016

    FAMILY LAW – PARENTING – Order made for the father to have parental responsibility with respect to immunising the children in accordance with the Australian Immunisation Guidelines and Recommendations

  • Saunders & Saunders and Anor [2016] FamCA 531

    20 Jun 2016

    FAMILY LAW – INTERIM – INJUNCTIONS - Where an application is made under section 114(1) – Where the husband and son seek to exclude the wife from the dwelling in which she has lived for about 38 years - Where the parties have co-existed on a property for almost three years since separation without significant incident– Where the effect of making the order could terminate the parties right to a valuable asset in a life interest in a cottage under a will - Where the application is dismissed

  • Gilham & Gonzales [2016] FamCA 530

    01 Jul 2016

    FAMILY LAW – CHILDREN

  • George & George [2016] FamCA 529

    20 May 2016

    FAMILY LAW – PROPERTY – Enforcement – Where the wife makes applications under the slip rule – Where the wife asserts that the controlled monies account has depleted in accordance with an interim order and an amendment should be made under the slip rule – Where that application is not amenable to change under the slip rule and the wife’s applications under the slip rule are dismissed – Where the husband seeks to enforce orders that the wife return photographs and artworks to him – Where the wife is ordered to return to the husband all albums, negatives and photographs in accordance with the orders - Where the wife seeks the enforcement of an order for the husband to pay half the costs of the renewal of the children’s passports and identification cards - Where the husband is ordered to pay half of the costs for the renewal of the children’s passports and identification cards - Where the wife seeks to be appointed as trustee for the sale of property – Where the husband has demonstrated a lack of willingness to advance the sale of property – Where the wife is ordered to be trustee of the sale of property – Where the wife seeks indemnity costs against the husband – Where the husband seeks costs against the wife – Where both parties assert that the other party has delayed proceedings – Where the matters in s 117(2A) are considered - Where the costs applications for each party are dismissed – Where all other outstanding applications are dismissed – Where orders are made for either party to serve an application in a case and one affidavit setting out any further orders sought.

  • Ellingford & Ellingford [2016] FamCA 528

    05 May 2016

    FAMILY LAW – PARENTING – ENFORCEMENT – Where the father seeks the enforcement of a consent order – Where the father contends that the mother has not done all things necessary to obtain a place and treatment at a residential rehabilitation program – Whether the mother provided an accurate history to the rehabilitation program – Where the mother provided inconsistent information to the rehabilitation service compared to her oral evidence as to her alcohol consumption – Where it is held that it would not have made a difference to the mother’s acceptance into the rehabilitation program if she had provided information consistent with her oral evidence – Where the father’s application is dismissed

  • DFCS & Evelyn [2016] FamCA 527

    26 May 2016

    FAMILY LAW – CHILD ABDUCTION – Hague convention application

  • Bondelmonte & Bondelmonte (No 2) [2016] FamCA 526

    20 Jun 2016

    FAMILY LAW – PROCEDURAL – Disqualification application – dismissed

  • Re:Bemert [2016] FamCA 525

    01 Jul 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Where an application is made for leave to file an Application in a Case – Where the application is made by a vexatious litigant – Where the father seeks orders in relation to his daughter – Where there is neither jurisdiction nor power to make almost all the orders sought – Where the application is another attempt to pursue vexatious litigation against the daughter – Where there is currently a charge against the father for breaching an AVO for the protection of the daughter – Where the daughter is to be made aware of the application as it may be relevant to the current AVO proceedings – Where the application for leave is dismissed.

  • Leroux & Leroux and Ors (No 2) [2016] FamCA 524

    13 May 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Application by father for an adjournment of his application that judge disqualify himself – Adjournment application refused -Application that judge disqualify himself dismissed

    FAMILY LAW – PRACTICE AND PROCEDURE – Application by father for adjournment of his application for a review of a registrars determination – Application adjourned to a fixed hearing date

    FAMILY LAW – PRACTICE AND PROCEDURE - Application by father for an adjournment of his application seeking procedural orders – Application adjourned for hearing to a fixed date

    FAMILY LAW – PRACTICE AND PROCEDURE – Application by father for an adjournment of application by Independent Children’s Lawyer for procedural orders – Application adjourned to fixed dated

  • Sealy & Sealy [2016] FamCA 523

    30 Jun 2016

    FAMILY LAW – CHILDREN – whether two of the children have been sexually abused by the father – where there is no suggestion the parties’ male child has been sexually abused by the father – whether the children are at an unacceptable risk of harm if they spend unsupervised time with the father

  • Long & Kouros [2016] FamCA 522

    24 Jun 2016

    FAMILY LAW – NULLITY – where the applicant seeks a decree of nullity in relation to the marriage solemnised between the parties in China – where the husband was at the time of the marriage married to another person – where the marriage is declared null and void.

  • Martin & Payne [2016] FamCA 521

    23 Jun 2016

    FAMILY LAW – Adjournment of trial – unavailability or Family Report writer – shortage of judicial hearing time – adjournment refused.

  • Tuck & Tuck [2016] FamCA 520

    29 Jun 2016

    FAMILY LAW – CHILDREN – Parenting Orders – Undefended hearing – Whether the father poses a risk of family violence – where orders for parties to agree time father spends with children likely to lead to no time – father’s time with children reserved

  • George & Nichols [2016] FamCA 519

    29 Jun 2016

    FAMILY LAW – CHILDREN – where the child has been living with the mother and not spending any time with the father – where the father was acquitted of charges of sexual offences against the child’s half-sister – where the father was preoccupied with these charges – where the father did not ask any question of any witness in relation to the subject child – where the father did not direct any submission to the child’s time with him - where the father admitted acts of family violence – where father’s own admissions form basis for finding that the child would be exposed to an unacceptable risk of harm were she to spend time with the father – where the mother genuinely believes the father sexually assaulted her daughter from a previous relationship – where that belief is not irrational or baseless – where the mother’s parenting capacity would be compromised were the child to spend any time with the father.

  • Yates & Wilcox and Ors [2016] FamCA 518

    28 Jun 2016

    FAMILY LAW – PROPERTY – INTERIM PROCEEDINGS – Where the husband seeks an interim property settlement – Where there are numerous issues in dispute between the parties – Where the Court is unable to determine the size and extent of the property pool – Where the Court is unable to determine whether an interim property settlement in favour of the husband can be accommodated at final hearing – Where the Court is unable to find that the interests of justice require an interim property settlement in favour of the husband – Application dismissed.

    FAMILY LAW – PROPERTY – INTERIM PROCEEDINGS – Injunctions – Where both parties seek various injunctions restraining the other – Where the Court finds there is a real risk that both parties will engage in conduct to deplete the property pool – Whether the wife should be restrained in dealing with the proceeds of sale of the former matrimonial home – Whether the husband should be restrained from making demands for payment from one of the parties’ corporate entities, a partnership and the wife – Whether the husband should be restrained from taking action in relation to a Statutory Demand issued by him to one of the parties’ corporate entities – Whether the husband should be restrained from seeking to terminate a partnership – Whether the husband should be restrained as a director of the parties’ corporate entities – Orders made.

    FAMILY LAW – PRACTICE AND PROCEDURE – Disclosure – Where both parties make allegations of inadequate financial disclosure by the other – Where orders have been previously made for the provision of financial disclosure – Orders made for the parties to each file and serve an affidavit in relation to documents produced or not produced by them.

  • Lawler & Oliver (No. 2) [2016] FamCA 517

    28 Jun 2016

    FAMILY LAW – PROPERTY – INTERIM PROCEEDINGS – Where the wife seeks orders for periodic spousal maintenance – Where the Court finds that the wife is unable to support herself adequately for the purposes of section 72 of the Family Law Act 1975 (Cth) – Extent of the husband’s capacity to pay spousal maintenance – Where the husband argues his income has been significantly affected by the loss of an annual stipend – Where the Court finds the husband has the capacity to pay spousal maintenance to meet the reasonable needs of the wife – Orders made.

  • Nelson & Nelson [2016] FamCA 516

    23 Jun 2016

    FAMILY LAW – NULLITY – Where a declaration of nullity is sought – Where the parties were validly married in the UK – Where the parties underwent a second marriage ceremony in Australia – Consideration is given to circumstances in which a marriage is found it be void – where it is found that the Australian marriage is void – Declaration of nullity made.

  • Kefel & Efstani [2016] FamCA 515

    10 Jun 2016

    FAMILY LAW – NULLITY – Where bigamous marriage – Where applicant has no knowledge of the respondent’s current whereabouts – Where appropriate to proceed on an ex parte basis – Where declaration of nullity - Where respondent’s conduct an offence under the Marriage Act 1961 – Whether the respondent’s conduct should be referred to the Chief Justice of the Family Court following the declaration of nullity – Where appropriate to refer the matter to the Chief Justice for consideration.

  • Jason & Jason [2016] FamCA 514

    23 May 2016

    FAMILY LAW – CHILDREN – Final parenting – With whom the children live – With whom the children spend time – Parental responsibility – Best interests of the children – Where the mother has discontinued her participation in the proceedings – Where the father is the primary carer for the children – History of family violence and conflict– Where not satisfied of risk of sexual abuse – Benefit to the children of a meaningful relationship – Nature of the children’s relationships – Attitude to the responsibilities of parenthood – Practical difficulty – Parental capacities – Children to live with the father and spend time with the mother as agreed – Father to hold sole parental responsibility – Restraint on the mother applying for passports for the children.

  • Fadley & Southwell [2016] FamCA 513

    24 Jun 2016

    FAMILY LAW – PRELIMINARY COSTS – Where the husband seeks that a preliminary costs order be made to enable him to meet his litigation costs –Where the wife seeks that the husband’s application be dismissed – Where the husband submits that he has an arguable case for substantive relief – Where the husband submits that the Court need not consider what the husband is likely to receive in substantive property proceedings and whether that will be sufficient to cover a preliminary costs order – Where the wife submits there must be a finding of justifying circumstances for making an order and that any order made is just – Where the wife submits that the husband has been in a de facto relationship with another woman for much of the duration of the de facto relationship between the husband and the wife – Where the wife submits that the husband has hidden joint company assets – Where the wife suspects that the husband provided funds to his current de facto spouse towards the purchase of her property – Where the contributions of the parties appear to fall heavily in favour of the wife – Where the Court is not persuaded that there are circumstances justifying the making of a preliminary costs order – Where the husband has not established circumstances justifying departure from the position that each party bear his or her own costs – Application dismissed.

  • Rankin & Rankin (No 2) [2016] FamCA 512

    27 May 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – STAY – Application by the husband for stay of final property orders pending the determination of his appeal – whether the refusal of a stay will render nugatory the husband’s appeal if successful – whether the husband has an arguable case on appeal – where the wife has the primary care of the three children of the marriage and is unemployed – hardship to the wife considered – interim orders made staying parts of the final orders in relation to which the husband has an arguable case

  • Jemir & Waters (No 2) [2016] FamCA 511

    20 Jun 2016

    FAMILY LAW – CHILDREN – final orders – where the mother lives in Australia and the father lives in the United States of America – where the mother and father have equal shared parental responsibility – where the child lives with the mother and spends time with and communicates with the father – where there is no challenge on behalf of the mother that this Court does not have jurisdiction to deal with matters concerning the child who is resident with the father in the United States of America and therefore the application in that regard is abandoned.

  • Desbrow & Desbrow [2016] FamCA 510

    19 May 2016

    FAMILY LAW – PROPERTY – UNDEFENDED HEARING – Application by the respondent wife to proceed with her application for final property orders – where the applicant husband did not appear at the hearing – where there are criminal proceedings outstanding against the husband – greater contributions made by the wife during the marriage and post-separation – where the wife has the sole care of the two children of the marriage and another child from a previous relationship – where one child of the marriage has significant medical needs – where the husband has made minimal contribution to the financial support of the children and is unlikely to do so in the future – modest pool – final orders made that the wife retain the majority of the net assets. 

    FAMILY LAW – COSTS – Application by the wife for costs on an indemnity basis – where the husband initiated proceedings – where the husband has not participated in the proceedings and has failed to appear at court events – where the wife has been wholly successful in her application – where the wife will retain the majority of the parties’ assets – where property proceedings would have been necessary in any event to finalise the parties’ financial relationship – no order made for costs

  • Averroes & Attar [2016] FamCA 509

    22 Jun 2016

    FAMILY LAW – CHILDREN – Recovery Order – Orders made after hours - ex parte

  • Logan & Hamilton [2016] FamCA 508

    06 Jun 2016

    FAMILY LAW – PROPERTY SETTLEMENT – ENFORCEMENT OF ORDERS – where applicant husband seeks the enforcement of final property settlement orders made by consent in February 2015 – final consent orders provided for the wife to retain the property upon payment of a sum of money to the husband – default provision in the final consent orders was for the property to be sold – where wife has failed to comply with the final consent orders – where husband seeks an order that the wife vacate the property and that the property be transferred into the husband’s sole name for the purpose of sale – where wife attended court but failed to file any responding material to the husband’s application – order made for the wife to vacate the property within four weeks – remainder of husband’s application adjourned to a date to be fixed pending the outcome of the wife’s compliance or non-compliance with these orders and the default provisions in the final consent orders made in February 2015.

  • Acquaah-Akuffo & Abioye [2016] FamCA 507

    22 Jun 2016

    FAMILY LAW – NON HAGUE CONVENTION COUNTRY – Jurisdiction – best interests and jurisdiction – interim hearing

  • Smallwood & Smallwood [2016] FamCA 506

    22 Jun 2016

    FAMILY LAW – CHILDREN – final orders – where the mother seeks orders for sole parental responsibility and only spend time with the father following his engagement in a psychiatric assessment – where the father opposes the orders and seeks gradually increasing time with the children – where the children are unwilling to engage with the father – where the family consultant supports a termination of the father’s relationship with the children – where it is found that the mother is incapable of supporting a relationship between the children and the father – where consideration is given to the best interests of the children – where the fear experience by the children of their father is not founded – where an order is made for shared parental responsibility but the mother retains sole parental responsibility for health and education.

  • Hogan & Orwell [2016] FamCA 505

    22 Jun 2016

    FAMILY LAW – SPOUSAL MAINTENANCE – Application by the wife that the husband contribute one half of the monthly mortgage payments with respect to the former matrimonial – where the husband has contributed to the mortgage since separation – where the husband says that he can no longer contribute to the mortgage due to other liabilities of the parties –where the wife disputes any significant change in the financial circumstances of the parties – no evidence to demonstrate a change in the husband’s financial circumstances – where the husband consents to the sale of an investment property in the event that he cannot contribute to the mortgage – interim orders made that the husband contribute to the mortgage repayments over the former matrimonial home and for the sale of an investment property in the event of his default

  • Glenning & Simons and Ors [2016] FamCA 504

    22 Jun 2016

    FAMILY LAW – PROPERTY – Sale of property – interim application by the husband and the husband’s parents for sale of the former matrimonial home and the application of the proceeds towards the payment of an alleged loan from the husband’s parents to the husband and the wife – where the wife claims the alleged loan was a gift – issues as to the circumstances in which a purported loan agreement was signed, interest payable under the loan and the quantum of the loan – application for sale of property refused

    FAMILY LAW – SPOUSAL MAINTENANCE – Application by the wife for interim periodic and non-periodic spousal maintenance – where the wife is unable to support herself adequately – capacity of the husband to pay spousal maintenance considered – interim orders made for non-periodic and periodic spousal maintenance

  • Re: Celeste [2016] FamCA 503

    29 Mar 2016

    FAMILY LAW – CHILDREN – MEDICAL PROCEDURES – Where the applicants are parents of a child with Gender Dysphoria – Where the applicants seek a declaration that the child is competent to authorise her own Phase 2 treatment – Where the child is 15 years of age – Consideration of whether the child is Gillick competent – Where the child’s treating medical experts and parents support the child commencing Phase 2 treatment – Where each of the child’s treating practitioners have expressed the opinion that the child is competent to the Gillick standard to authorise medical treatment – Declaration made as to the child’s Gillick competence.

  • Davalos & Davalos (No 2) [2016] FamCA 502

    09 May 2016

    FAMILY LAW – PROPERTY – Where substantive property orders had previously been made – Where the wife lodged an appeal in the substantive property proceedings – Where the wife sought a stay of the property orders pending appeal – Where a stay of the orders had been granted with conditions – Where an Application in an Appeal has been made for the purpose of the husband conceding the appeal – Where the wife seeks machinery orders to enable her to receive some funds pending re-hearing of the substantive property proceedings – Application dismissed.

  • Pencious & Searle [2016] FamCA 501

    03 May 2016

    FAMILY LAW – INJUNCTIONS – Application by the wife for the husband to remove a caveat lodged against the former matrimonial home and to be restrained from lodging further caveats – no appearance by the husband – where final property orders were made for the wife to retain the former matrimonial home – where the husband lodged the caveat after the final property orders were made – no basis for the husband’s claimed interest in the former matrimonial home – orders made as sought by the wife

    FAMILY LAW – COSTS – Application by the wife for the costs of the hearing – failure of the husband to appear considered – where the wife has been wholly successful in her application – where the actions of the husband necessitating the wife’s application were without merit –orders that the husband pay the wife’s costs in a fixed sum

  • Marks & Barton [2016] FamCA 500

    21 Jun 2016

    FAMILY LAW – Parenting — final orders — heard and determined undefended — mother granted sole parental responsibility.

  • Hitti & Collins [2016] FamCA 499

    10 Jun 2016

    FAMILY LAW – CHILDREN – Application for child to return to mother’s care heard on short notice – order made – matter to return for further interim hearing

  • DCCSDS & Verrender [2016] FamCA 498

    10 Jun 2016

    FAMILY LAW – CHILDREN – Form 2 Application –interim orders made ex parte

  • Delucca & Decarlo [2016] FamCA 497

    03 Jun 2016

    FAMILY LAW – CHILDREN – Best interests of the child – With whom the child lives with – With whom the child spends time with – Parental responsibility – Benefit of a meaningful relationship with both parents – Consideration of risks of harm in both households – Family violence – Extent to which each parent took the opportunity to participate in making decisions and spending time with the child – Parental capacity of each parent a weighty factor –Order for equal shared parental responsibility – Consideration of equal time and substantial time – Child to live with the father and spend significant and substantial time with the mother.

  • Davalos & Davalos [2016] FamCA 496

    01 Apr 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Stay pending appeal – Where the wife seeks a stay of substantive property orders – Where the wife submits that without a stay order, there is a risk that her appeal could be rendered nugatory in some respects – Where the husband submits that he ought to be entitled to the full amount awarded to him in the substantive judgment – Where the husband submits that in the alternative, a stay could be granted on the condition that he be paid a sum – Where it was proposed that such sum would be of an amount which is not in contest – Consideration of the principles in Aldridge & Keaton [2009] FamCAFC 106 – Where it is unlikely that the wife’s appeal would be rendered nugatory – Where a cautious approach is taken in assessing the prospects of the appeal being successful – Where the appropriate course is to order the stay on the condition of a payment to the husband.

  • Cuo & Ming and Ors [2016] FamCA 495

    12 May 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Application for verification of pleadings – refused. 

    FAMILY LAW – PRACTICE AND PROCEDURE - Application by respondent to allegation of fraud to delay discovery and production of documents together with filing of affidavit material until the close of the applicant and interveners’ case – refused and directions made in limine subject to the respondent not being required to make disclosures or admissions contrary to her privilege against self-incrimination. 

    FAMILY LAW – PRACTICE AND PROCEDURE - Binding Financial Agreement – determination by way of construction of a term of the agreement in advance of the hearing.

  • Hakimi & Atiyeh [2016] FamCA 494

    21 Jun 2016

    FAMILY LAW – CHILDREN – Family violence – Where the mother alleges that the father has engaged in violent and threatening behaviour towards the mother and child – Where it is found that the father assaulted the mother on a number of occasions during the parties’ relationship – Where the child was present at times when the father was physically abusive towards the mother – Where the evidence discloses that the child was subject to family violence.

    FAMILY LAW – CHILDREN – Best interests – Single expert witness – Evidence of the child’s relationship with the parties and their respective families – Where the child has not spent time with her father since 2011 – Where the child and father have engaged in three unsuccessful attempts at reintroduction therapy – Whether the Court should order a further attempt at reintroduction therapy – Parental responsibility – With whom the child lives – Consideration of s 60CC factors – Where the mother is granted sole parental responsibility – Where it is ordered that the child shall not spend time or communicate with the father, unless the child chooses to do so.

  • Bilson & Martin [2016] FamCA 493

    21 Jun 2016

    FAMILY LAW – COSTS – indemnity costs not ordered – costs awarded on a party/party basis

  • Leighton & Moriarty and Ors [2016] FamCA 492

    20 Jun 2016

    FAMILY LAW – CHILDREN – Where agreement was reached between the mother, father and paternal great grandparents as to most issues in the proceedings – Where the only issue for determination was whether there should be an injunction restraining the father and paternal great grandparents from bringing the child into the presence of a paternal uncle – Where there have been allegations of sexual abuse – Whether the paternal uncle constitutes an unacceptable risk to the child – Whether supervision by the father would sufficiently protect the child – Where the Court finds that the father would take all steps necessary to ensure the child’s safety – Orders made for the father to supervise all and any contact between the child and the paternal uncle.

  • Atuk & Atuk and Anor (No 2) [2016] FamCA 491

    20 Jun 2016

    FAMILY LAW – STAY PENDING APPEAL – property orders – where application for stay pending determination of appeal from final property orders in favour of wife – where consideration of applicable principles – application for stay granted.

  • White & White [2016] FamCA 490

    16 Jun 2016

    FAMILY LAW – INTERIM PROCEEDINGS – amending orders - property

  • Mulligan & Mulligan [2016] FamCA 489

    16 Jun 2016

    FAMILY LAW – PROPERTY – Interim Spouse Maintenance – Whether income from jointly owned property should be directed to the wife – Where there are untested claims as to contributions – Where there are untested claims as to wastage – Where there is dispute as to the wife’s earning capacity

  • Fielding & Doull (No 2) [2016] FamCA 488

    17 Jun 2016

    FAMILY LAW – ENFORCEMENT OF ORDERS – Contravention of orders – Where the Court found the mother contravened orders without reasonable excuse on two occasions - Where the mother has previously contravened orders - Where the Court found that contraventions should be dealt with under subdivision F (more serious contravention) – Where the mother ordered to enter into a good behaviour bond with a security of $1,000 – Where good behaviour bond requires the attendance upon family counselling if requested by the appointed psychologist - Where there is a history of family violence and substance abuse – Where primary parenting Order suspended to enable counselling between father and children before recommencement of time with father.

  • Chatterjee & Woodby- Chatterjee [2016] FamCA 486

    16 Jun 2016

    FAMILY LAW – COSTS – Application for costs by the husband – Where the husband seeks cost for the wife’s Application in a Case – Where each party complains as to the conduct of the other prior to the hearing of the application – where the wife relies on an affidavit sworn after the hearing – Whether the wife can rely upon that affidavit

    FAMILY LAW – PROPERTY – Interim distribution – Where the husband seeks the sale of the matrimonial property – Where there is a Binding Financial Agreement in dispute – Where the wife opposes the sale of the former matrimonial home at an interim level – Whether the Court has power to make orders before any Binding Financial Agreement has been set aside.

  • Commonwealth Central Authority & Newcombe [2016] FamCA 485

    16 Jun 2016

    FAMILY LAW –CHILD ABDUCTION – 1980 Hague Convention – return application - habitual residence not established – removal young child was unilateral and without consent of father but not wrongful within the meaning of the Regulations – application dismissed

  • Narkis & Narkis [2016] FamCA 484

    16 Jun 2016

    FAMILY LAW – CONTRAVENTION – Where the husband is alleged to have contravened an order in relation to overseas travel with the child – Where the wife alleges that she was not informed of a change to the travel arrangements – Where the Court finds the wife has established a prima facie case – Where the Court finds the husband complied with the order and made reasonable attempts to inform the wife of the proposed change – Application dismissed.

    FAMILY LAW – CONTRAVENTION – CHILDREN – Where the wife seeks to discharge an order providing for the child to have telephone and Skype communication with the husband – Where the wife has not adduced evidence as to why communication should be suspended – Where the wife has not provided alternative times for the child to communicate with the husband – Application dismissed.

    FAMILY LAW – CONTRAVENTION – PRACTICE AND PROCEDURE – Where the wife seeks a “new psychiatric report” – Where a single expert has been appointed by the Court – Where the wife’s supporting affidavit does not address the matters mandated under rules 15.49and 15.52 of the Family Law Rules 2004 (Cth) – Application dismissed.

    FAMILY LAW – CONTRAVENTION – PRACTICE AND PROCEDURE – Where the husband seeks that the parties be restrained from filing any further interim applications, without leave of the Court – Where the application is supported by the Independent Children’s Lawyer – Orders made.

  • Woyinka & Saha [2016] FamCA 483

    14 Jan 2016

    FAMILY LAW – CHILDREN – Final parenting orders – Relocation – where the mother proposes to relocate with a five year old child to Brazil – where the mother suffers from anxiety and is medicated for depression – where the mother’s mental health has been impacted by her social isolation and financial difficulties in Australia – where the mother does not speak English as a first language – where the child has ongoing medical problems which have previously been diagnosed and treated in Brazil – where relocation is supported by the family consultant and the Independent Children’s Lawyer – final orders made permitting the mother to relocate with the child to Brazil and spend time with the father in Brazil and Melbourne.

  • Goudarzi & Bagheri (No 2) [2016] FamCA 482

    31 May 2016

    FAMILY LAW – STAY APPLICATION – Where the wife sought a stay of the orders – Where the husband opposed a stay but submitted in the alternative there could be a conditional stay – Where there is prejudice to the husband in staying the orders - Where orders were made for the wife and children to remain in the property pending determination of the appeal proceedings – Where the terms of the stay require the wife to pay residential loans, strata levy payments and Council and water rates

  • Bennett & Bennett [2016] FamCA 481

    15 Jun 2016

    FAMILY LAW – PROPERTY – INTERIM PROCEEDINGS – Where the wife seeks interim child support departure and spouse maintenance orders – Whether the husband has the financial capacity to meet the orders sought by the wife – Where the Court finds the wife has failed to establish that the husband has the financial capacity – Where the husband seeks orders that the parties refinance the former matrimonial home in order to have access to funds by way of a partial property settlement – Where the Court finds merit in the submissions of the husband – Orders made for the parties to refinance the former matrimonial home – All other applications for interim orders dismissed.

  • Sweeney & Hillman [2016] FamCA 480

    12 Apr 2016

    FAMILY LAW – INTERIM PARENTING ORDER — DHHS involvement — child’s best interests — overnight time introduced pending final determination.

  • Machaut & Bellini [2016] FamCA 479

    13 May 2016

    FAMILY LAW – INTERIM PARENTING ORDER – mother’s urgent application to spend time with child – mother not having spent time with child since father collected child from Country D ten months ago – time to be spent in Australia during and after family report interviews – application otherwise adjourned.

  • Mandic & Bellaire [2016] FamCA 478

    14 Jun 2016

    FAMILY LAW – CHILDREN – Parental responsibility – Where the presumption of equal shared parental responsibility is applied – Orders made for the child to live with the mother and spend substantial and significant time with the father – Orders made for changeover to occur at the child’s school.

    FAMILY LAW – CHILDREN – CHILDREN – Education – Where the mother seeks to change the child’s school – Where the application is opposed by the father and the ICL – Consideration of section 60CC – Where the Court finds that it is not in the child’s best interests for his school to be changed – Orders made for the child to remain at his current school – Orders made for the parents to attend mediation prior to the child commencing high school.

    FAMILY LAW – CHILDREN – CHILDREN – Overseas travel – Where there have been previous interim applications to the Court for the mother to travel overseas with the child – Where the parties primarily disagree as to the appropriate amount of time for child to be absent from school – Orders made for the child to be absent no more than ten days, subject to government guidelines and permission from the child’s school. 

    FAMILY LAW – CHILDREN – COSTS – Where the Independent Children’s Lawyer sought costs – Where the parties were both self-represented during the final stages of the litigation – Parties to share equally in the costs of the Independent Children’s Lawyer.

  • Jardine & Lambert [2016] FamCA 477

    14 Jun 2016

    FAMILY LAW – PROPERTY – INTERIM PROCEEDINGS – Where the applicant seeks an interim property settlement to pay outstanding debts and to obtain legal representation for the final hearing – Where the application is opposed by the respondent – Where there are numerous issues in dispute between the parties – Where the Court is not satisfied that the property pool is such that an interim property distribution can be accommodated by the Court at final hearing – Application dismissed.

  • Jemir & Waters [2016] FamCA 476

    10 Jun 2016

    FAMILY LAW – CHILD ABDUCTION – Hague Convention – where jurisdiction is an issue – where one child has been found to be habitually resident in the United States of America and the other child is habitually resident in Australia – where there are proceedings on foot in the United States of America – where both parties seek an adjournment – where the matter is adjourned.

  • Bunson & Abbey (No 2) [2016] FamCA 475

    09 Jun 2016

    FAMILY LAW – COSTS – Where the applicant mother was entirely unsuccessful with her interlocutory application seeking a reconsideration of final parenting orders made in November 2015 – Where the father sought costs in the event that the mother’s application was dismissed – Where the application by the mother was not well considered and was entirely unsuccessful – Where orders were made for mother to file material in response but no material was filed-Mother to pay the father’s costs as agreed or assessed

  • Murphy & Curtis [2016] FamCA 474

    10 Jun 2016

    FAMILY LAW – CHILDREN – Relocation – Where there is allegation of abuse - Where it is in the child’s best interests to relocate with her mother – Where it is in the child’s best interests to spend time with her father.

  • Malik & Malik [2016] FamCA 473

    10 Jun 2016

    FAMILY LAW – CHILDREN – Best Interests – Where the child has an enmeshed relationship with the mother – Where the child’s relationship with the father, on the face of it, is at breaking point – Where the child has been exposed to physical and psychological harm as a result of the current set of circumstances – Child’s views – Sibling relationships – Where the child’s relationship with the mother is unhealthy and the child needs emotional release – Where the mother lacks insight and has failed to comply with previous final parenting orders – Where if the child remains with the mother further contravention or residence proceedings will result – Child to move to live with the father – Child to ultimately spend substantial and significant time with the mother following an initial embargo period of two months and a period of day only time.

    FAMILY LAW – CHILDREN – Parental Responsibility – Where the presumption of equal shared parental responsibility is rebutted in circumstances where there is little prospect of the reduction in animosity between the parents and improvement in communication and a willingness to trust each other with the child’s long-term welfare – Father to have sole parental responsibility

  • Kent & Wignal [2016] FamCA 472

    13 Jun 2016

    FAMILY LAW – CHILDREN – RELOCATION –Parenting Orders – Consideration of the application of factors outlined in s 60CC of the Family Law Act 1975 (Cth) – where mother restrained from relocating the child to New Zealand –where mother contends it is not reasonably practical for her to stay in C Town – where mothers financial circumstances would improve if permitted to relocate – where mother has good prospects of obtaining employed in C Town– where there would be an adverse impact on the relationship between child and father if relocation was permitted – where face-to-face and hands-on physical care is in the best interests of the child – where an order for equal shared parental responsibility made – where it is in the best interests of the child to spend substantial and significant time with the father – where child live with the mother until the child reaches the age of 4 – where the child is too young to express any views

  • Johns & Jasapas [2016] FamCA 471

    13 Jun 2016

    FAMILY LAW – CHILDREN - Parenting Orders – where mother alleges sexual abuse by father to children – where mother alleges the father is sexually grooming the children – where mother asserts father poses an unacceptable risk – where mother assets paternal grandmother also poses a risk – where mother asserts both physical risk and sexual risk to the children – where there is no history of family violence – where father does not pose unacceptable risk – where father’s hobby of photography does not mean the children are at risk – where father’s hobby of photography does not point to the father having poor sexual boundary – where no contact orders are not appropriate – where children are too young to express any views – where it is in the children’s best interests for there to be equal shared parental responsibility – where equal time is not in the best interests of the children – where children will primary live with the mother – where there is an order requiring the father to attend counselling.

  • Re: Gabrielle [2016] FamCA 470

    10 Jun 2016

    FAMILY LAW – CHILDREN – MEDICAL PROCEDURES – Where the applicants are the parents of a child with gender dysphoria – Where the applicants seek a finding that the child is competent to authorise Stage 2 treatment – Where the child’s treating medical experts support the child commencing Stage 2 treatment and agree that the child is competent to make such a decision – Whether the child is Gillick competent – Where the Court finds the child is competent at law to make her own decision as to Stage 2 treatment.

  • Forlan & Forlan and Anor [2016] FamCA 469

    10 Jun 2016

    FAMILY LAW – PROPERTY – interim – where the wife seeks litigation funding – where the husband and second respondent oppose the application – where the Court considers it premature to determine the application – where the parties are ordered to instruct a single expert in order to assess the financial viability of the entities – where various injunctive orders are made – where the Court considers it appropriate to make a dollar for dollar order.

    FAMILY LAW – SPOUSAL MAINTENANCE – interim – where the wife seek an order that the husband pay spousal maintenance – where the application is opposed – where the Court finds the wife satisfies the threshold test – where the Court finds the husband has the capacity to pay – where an order is made for spousal maintenance.

  • Hyland & Simmonds and Ors [2016] FamCA 468

    13 Jun 2016

    FAMILY LAW – CHILDREN - Parenting Orders – Where the father poses a risk of family violence – where there is a risk the children will be exposed to that violence – where none of the parties assert that the father presented an unacceptable risk – where the mother poses an unacceptable risk – where the mother is associated with drug culture – where mother has not prioritised children’s needs when affected by drugs – where mother perceives maternal grandmother has a proxy for the children to go into her own care – where maternal grandmother has played a significant part in the children’s lives – where change of primary care to the maternal grandmother would have a profound and long lasting effect – where greater weight given to risk factors than the benefit of having a meaningful relationship with both parents or maternal grandmother – Where there is a practical difficulty of the children spending time with either parent given the distance between the parties – Where presumption of equal shared parental responsibility does not apply – where an order for sole parental responsibility made – where father and maternal grandmother have joint decision making in relation to cultural education – where maternal grandmother is most likely to foster the children’s aboriginal heritage

  • Timmins & Mitropoulos and Ors (No 2) [2016] FamCA 467

    16 May 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Joinder – where the joinder is consented to by the proposed respondent – interim orders made for the joinder of the respondent

    FAMILY LAW – INJUNCTIONS – Application to restrain the respondents from lodging further caveats over the former matrimonial home and from assigning their interest in debts alleged to be owed by the husband – where the injunctions are consented to by three of the respondents – where there is no appearance by two of the respondents to oppose the injunction – where the injunctions will preserve the parties’ interest in the former matrimonial home pending trial – interim orders restraining the respondents

  • Phitzner & Hollas [2016] FamCA 466

    10 Jun 2016

    FAMILY LAW – CHILDREN – interim – where there are final orders but the father seeks an amendment – where the father has not seen the children for some time – where the children’s school attendance is sporadic – where the mother seeks a suspension of the father’s time – where there are allegations of child abuse – where there is a psychiatric report – where there is a pending family report – where the father’s time with the children is suspended during the period of the adjournment.

  • Brewster & Brewster and Ors [2016] FamCA 465

    10 Jun 2016

    FAMILY LAW – PROPERTY – interim – where the wife seeks orders for patrial property settlement – where the husband seeks the same for payment towards his criminal proceedings – where the second and third respondent seek leave to intervene and further that there be a declaration that they have an equitable interest in the parties property and that they each receive a sum of the proceeds of sale – where the wife enters into an undertaking as to damages in respect of relief sought by the second and third respondent – where the husband and wife each receive a sum by way of interim or partial property settlement.

    FAMILY LAW – DISCOVERY – where the husband is required to produce documents in relation to the any legal proceedings relating to the husband’s alleged fraud. 

  • Baggins & Baggins and Ors [2016] FamCA 464

    16 May 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Joinder – application by the wife for joinder of a company in liquidation through which the husband operated his business and the liquidator of the company – where the liquidator claims debts owed by the wife in relation to payments allegedly made by the company to the mortgage over the former matrimonial home – where the liquidator claims an equitable interest in the former matrimonial home – where the wife denies the existence of any debt – interim orders made for joinder

  • Bramford & Ainslee [2016] FamCA 463

    03 Jun 2016

    FAMILY LAW – CHILDREN – Best interests – Whether the child has been sexually abused by her father – Whether the father presents an unacceptable risk to the child in his unsupervised care – Whether the father should have contact with the child – Where evidence of the child displaying aggressive and sexualised behaviour – Where the child has made numerous disclosures to child care staff.

  • Trustee of the Bankrupt Estate of Hicks & Hicks [2016] FamCA 462

    10 Jun 2016

    FAMILY LAW – PROPERTY – Application by the Trustee of the Bankrupt Estate of the husband under section 79A(1)(a) to set aside final consent orders – Where there was non-disclosure by the husband of his assets and liabilities in the Application for Consent Orders– Where notice was not provided of the Application for Consent Orders to a third party engaged in litigation with the husband – Where the Court finds that there has been a miscarriage of justice – Whether the Court should exercise its discretion to set aside the consent orders – Where the wife is not liable for the debts incurred by the husband – Where there is uncertainty as to overseas assets and liabilities of the husband – Where a reconsideration of the proceedings under section 79 would be unlikely to result in an order more favourable to the Trustee – Where the Court declines to exercise its discretion in favour of the Trustee – Application dismissed.

  • Rowe & Helbig [2016] FamCA 461

    10 Jun 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Slip rule – Where the father seeks to amend final orders – Where the Court amends one order but dismisses the application to amend the other order

  • Walker & Morton [2016] FamCA 460

    10 Jun 2016

    FAMILY LAW – CHILDREN – With whom a child lives – Best interests of child – Where there are two children of the marriage – Where the Court orders the parents have equal shared parental responsibility – Where the Court orders the children live with each parent on a week about basis

    FAMILY LAW – PROPERTY – Settlement in relation to de facto relationship – Where principal asset of the parties is the former matrimonial home – Where the Court orders the sale of the former matrimonial home – Where the Court found s 90SF(3) factors in favour of the mother – Where the mother receives 75 per cent and the father receives 25 per cent of the net value of the property

  • Nghiem & Astey [2016] FamCA 458

    09 Jun 2016

    FAMILY LAW – PROPERTY – INTERIM PROCEEDINGS – Competing applications – Where the husband seeks that the proceeds of sale of a business be deposited in a controlled monies account – Where the wife opposes the application and seeks access to the funds as the business was previously her source of income – Orders made for the proceeds of sale to be deposited in a controlled monies account, with the wife to have access to all interest accrued – Where the wife seeks the sale of four investment properties owned by the parties – Where the evidence presented to the Court does not establish the necessity of such a sale – Application dismissed.

  • Mills & Mills [2016] FamCA 457

    18 May 2016

    FAMILY LAW – CHILDREN – With whom a child spends time – With whom a child communicates – Interim order that maternal grandfather spend supervised with the child – Maternal grandmother to provide undertaking to court re supervision of child – Matter adjourned to fixed date for interim hearing

  • Hyde & Lineham [2016] FamCA 456

    12 May 2016

    FAMILY LAW – PROPERTY – Defacto property settlement – Respondent had notice of hearing – Matter dealt with on undefended basis – Application granted

  • Howard & Howard [2016] FamCA 455

    08 Jun 2016

    FAMILY LAW – CHILDREN – RELOCATION – Parenting Orders – Where the mother wishes to relocate to the UK – Where there is no unacceptable risk of harm – Where neither party assets that family violence should mean the presumption of equal shared parental responsibility is displaced – Where the mothers parenting capacity would not be adversely affected if she were not permitted to relocate – Where fathers relationship with the children would be dramatically diminished – Where father wants equal shared parental responsibility – Where mother accepts father would not relocate – Where the children’s views are given little weight due to their cognitive capacity – Where neither the mother nor father have the capacity to fund regular travel between the two countries – Where difficult circumstances would arise if relation was permitted given the time difference and using Skype – where there is no order for relocation – where there is an order for equal shared parental responsibility

  • Gorman & Gorman and Anor [2016] FamCA 454

    07 Jun 2016

    FAMILY LAW – CHILDREN – Interim Orders - with whom a child lives non parent - parental responsibility non parent - where consideration is given to the best interests of the child - where need to protect the child from harm - orders made for the father to spend professionally supervised time with the child

  • Imbardelli & Imbardelli and Anor [2016] FamCA 452

    09 Jun 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Disjoinder – Where the second respondent company seeks to be removed as a party to the proceedings – Where the second respondent company is owned by the husband’s parents – Where the wife is yet to have her application for orders under section 106B determined by the Court – Where the transactions sought to be set aside were made by the husband to the second respondent company – Second respondent company to remain a party to the proceedings.

  • Taylor & Taylor [2016] FamCA 451

    08 Jun 2016

    FAMILY LAW – PROPERTY – Long marriage but no substantial non-superannuation assets – Main financial contribution during the marriage sourced to husband’s disability – Lump sum payment for disability in the course of service – Loss of capital in property transactions – Modest remaining amount after forced sales by mortgagee bank – Husband bankrupt – Husband’s Trustee in Bankruptcy not seeking any orders with respect to remaining funds – Husband medically assessed as totally and permanently disabled – Disability pension not commutable into any lump sum – Post-separation period (four years) during which husband assumed virtually sole financial and other responsibilities for three children without meaningful support from wife – Husband also responsible for joint debts – Assessment of contributions heavily in husband’s favour – s 75(2) matters likewise favour husband – Just and equitable orders – Wife has residual earning capacity and consequent capacity to increase superannuation – Husband totally and permanently unemployable and wholly reliant upon pension – Need of younger children for ongoing support – Not just and equitable to apportion husband’s pension

  • Bocelli & Holland [2016] FamCA 450

    08 Jun 2016

    FAMILY LAW – CHILDREN – Parenting Orders – Where there is a long history of family violence – where both mother and father pose a risk of psychological harm to the child – where older children have suffered harm from both parents – where all children have been diagnosed with mental health issues – where extended family members pose a risk – where father does not accept the psychological harm and poor life outcomes of all children are a consequence of his and the mothers exposure to conflict – where parents are ordered to attend counselling – where orders do not protect the child from harm, however, leaving the parties without any regime would likely be a worse outcome for the child – Where the parents coerce the children to be on their “team” – Where parties communication cannot support shared parental responsibility – Where sole parental responsibility is ordered – where child to live with father and spend time with the mother. 

    FAMILY LAW – PROPERTY – where proceedings not ready for trial – where parties contributions are assessed as equal – where the parties have a net debt – where the father is required to pay the mother for school fees – where residual balance should be used to fund parties’ counselling.

  • Kunti & Kohl [2016] FamCA 448

    07 Jun 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Transfer of proceedings – Transfer from Family Court of Australia to Federal Circuit Court of Australia.

    FAMILY LAW – COSTS – Where husband made an application objecting to the Court’s jurisdiction – Where the husband subsequently withdrew the application at the hearing and the application was dismissed – Where the husband required the wife be available for cross-examination and the wife travelled from India for that purpose – Consideration of s 117 of theFamily Law Act 1975 (Cth) – Husband ordered to pay the wife’s costs of and incidental to his Application in a Case and the wife’s costs incurred in travelling to Australia.

  • Hamidi & Allaway and Anor [2016] FamCA 447

    07 Jun 2016

    FAMILY LAW – CHILDREN – With whom the children live with – With whom the children spend time with – Parental responsibility – Best interests of the children – Department of Family and Community Services involvement with the youngest child – Expert evidence in relation to the mother’s mental health and parental capacity and associated risks to the children – The need to protect the children from risk of harm by the mother an overwhelming consideration – Orders appropriate to the children’s ages – Children to live with the father and supervised time with the mother or as agreed subject to consideration of the children’s ages – Father to hold sole parental responsibility.

    FAMILY LAW – PRACTICE AND PROCEDURE – Where the mother left the court precincts on the date of the hearing – Where the mother has been afforded procedural fairness – Where the matter proceeded to an undefended final hearing. 

    FAMILY LAW – COSTS – Father granted a costs certificate pursuant to the Federal Proceedings (Costs) Act 1981 in relation to a vacated hearing date.

  • Collins and Anor & Sillitoe [2016] FamCA 446

    07 Jun 2016

    FAMILY LAW – CHILDREN – ADOPTION – Leave to commence proceedings – Joint application by mother and stepfather pursuant to s 60G of the Family Law Act 1975 seeking leave to commence adoption proceedings – Consideration of child’s best interests pursuant to s 60CC.

  • Barnes & Barnes and Anor [2016] FamCA 453

    06 Jun 2016

    FAMILY LAW – INJUNCTIONS – Application by the wife for an ex parte injunction restraining the husband from destroying documents – where the wife alleges that the husband colluded with his associates to influence the single expert property valuer – where the property the subject of final orders sold for almost double than the value ascribed by the single expert – where the wife alleges that the husband deliberately concealed the sale price of the property – balance of convenience favours the making of the injunction – interim orders made as sought by the wife

  • Garvey & Jess [2016] FamCA 445

    07 Jun 2016

    FAMILY LAW – FINANCIAL AGREEMENT – Whether financial agreement void for uncertainty – Whether parties entered into an “agreement to agree” – Where the agreement provides for the division of future, joint assets – Where the agreement requires joint assets be divided equally – Application dismissed.

  • Kemal & Sukuraman [2016] FamCA 444

    06 Jun 2016

    FAMILY LAW – CHILDREN – RELOCATION ORDER – Whether relocating to India is in the best interests of the child - Whether the child should spend time with the father – Whether the father is able to care for the child – Whether the parties should have equal shared parental responsibility of the child - Where the mother wishes to relocate to India with the child – Where the child suffers from Autism Spectrum Disorder–Where the mother has support of maternal grandparents in India – Where the mother would relocate without the child.

  • Padley & Padley [2016] FamCA 443

    06 Jun 2016

    FAMILY LAW – CHILDREN – With whom a child lives – With whom a child spends time – Best interests of child – Where there is one child of the marriage – Where the Court orders the child to live with the mother and spend time with the father

  • Ahmed & Jeret [2016] FamCA 442

    06 Jun 2016

    FAMILY LAW – CHILDREN – With whom a child lives – Best interests of child – Where there are two children of the relationship – Where the Court orders the mother has sole parental responsibility – Where the Court orders the children live with the mother and spend time with the father

  • Ingram & Ingram [2016] FamCA 441

    18 May 2016

    FAMILY LAW – PRACTICE & PROCEDURE – Where it became apparent that the father was contemplating not participating to any extent in the final hearing – Where the father was given the opportunity to attend and listen to the proceedings by telephone – Where although it was too late for the father to be an active participant, he did not take up that opportunity to attend and listen by telephone – Where the proceedings proceeded on an undefended basis

    FAMILY LAW – CHILDREN – Best Interests – Where the parties have three children – Where the oldest is an adult – Where the mother’s application relates to only two of the parties’ children – Where presently the second oldest child lives in the USA with the father and the youngest child lives in Australia with the mother – Where it was agreed that the youngest child should continue to live with the mother and that older child should continue to live with the father in the USA – Where the children have meaningful relationships with both parents – Children’s views – Where given the evidence, it would be counter-productive to make an order forcing the youngest child to travel, which has the potential to be destructive of his relationship with the father – Both children to spend time with their other parent and siblings during school holiday periods in both Australia and the USA

    FAMILY LAW – CHILDREN – Parental Responsibility – Where the mother proposed that the parents should share equally in parental responsibility for each of the children – Where it is certainly an appropriate course given the history of the matter – Parties to have equal shared parental responsibility

  • Hawkins & Hawkins [2016] FamCA 440

    03 Jun 2016

    FAMILY LAW – PROPERTY SETTLEMENT – Twelve year marriage and no children – husband made substantial initial capital contribution – Where 10 years elapsed between parties’ final separation and trial whilst wife pursued Supreme Court litigation of what were ultimately found to be “baseless” claims – Where wife unilaterally acted to obtain substantial funds secured against the former matrimonial home to fund litigation – Where wife spent $634,000 on Supreme Court litigation and caused the husband to spend $235,000 – Wife solely responsible for economic consequences of Supreme Court litigation – Where 10 years post-separation period and events to be considered – Assessment of contributions in 12 year marriage and 10 years post-separation – Notional add backs – Post-separation liabilities excluded from notional pool considered in determining adjustment – 60/40 apportionment in husband’s favour for contribution – Section 75(2) factors and adjustment – Just and equitable orders

    FAMILY LAW – SPOUSAL MAINTENANCE – Lump sum spousal maintenance

  • Short &Turlison [2016] FamCA 439

    27 May 2016

    FAMILY LAW – CHILDREN – Recovery order sought by father – Order made

  • Ghazel & Ghazel [2016] FamCA 438

    30 May 2016

    FAMILY LAW – COSTS – Application for costs – Application dismissed

  • Re: Jerry [2016] FamCA 437

    23 May 2016

    FAMILY LAW – CHILDREN – Medical procedure

  • Gibson & Killen (No 3) [2016] FamCA 436

    03 Jun 2016

    FAMILY LAW – CHILD – FINAL PARENTING ORDERS – Best interests – applicant mother and Independent Children’s Lawyer seeking final orders on an undefended basis – where the evidence is untested – order made that the mother have sole parental responsibility – order that the child live with the mother and spend no time with the father.

    FAMILY LAW – PRACTICE AND PROCEDURE – Procedural fairness – where the father has failed to comply with orders – where the father has failed to attend court – where procedural fairness has been afforded to the father and no proposals are made by the father.

    FAMILY LAW – COSTS – where costs of mother and Independent Children’s Lawyer previously fixed and reserved to trial – circumstances justifying order – father ordered to pay fixed costs.

  • Commissioner of Taxation & Hong and Anor [2016] FamCA 435

    19 May 2016

    FAMILY LAW – PROPERTY – Interim injunction restraining parties from dealing with property- Applicant seeking to set aside financial agreement entered into by the Respondents

  • Small & Small [2016] FamCA 433

    02 Jun 2016

    FAMILY LAW – CHILDREN – final orders – where the parties are in dispute as to the parenting arrangements of the children – where it has been a significant period of time since the father spent any time with the children – where the mother alleges a history of domestic violence and sexual abuse perpetrated by the father against her and the children – where the father denies the allegations – where it is ordered that the mother have sole parental responsibility and that the children live with her – where the father’s application is dismissed.

  • Buller & Martin [2016] FamCA 434

    30 May 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Application for a Stay of the Order – Application Dismissed

  • Malone & Malone and Ors [2016] FamCA 432

    02 Jun 2016

    FAMILY LAW – PROPERTY – interim orders – where the wife seeks orders for the sale of property in addition to interests and funds to be transferred – where the application is opposed by the husband and second and third respondent – where the dispute is a matter of evidence and determination and therefore cannot be dealt with on an interim hearing – where the wife’s application is dismissed – where it is ordered that a single expert be appointed to value the said property.

    FAMILY LAW – SPOUSAL MAINTENANCE – interim orders – where the wife seeks an increase in spousal maintenance – where the order is opposed by the husband – where the Court finds that the husband does not have the capacity to pay spousal maintenance in the sum sought by the wife – where the wife’s application is dismissed.

  • Herman & Bosley [2016] FamCA 431

    25 May 2016

    FAMILY LAW – JURISDICTION – Consideration of principles – Whether local forum is “clearly inappropriate” – Recognition or enforcement of the other’s orders and decrees – Resolution of the parties’ controversy – Order and stage of local and foreign proceedings – Connection to each jurisdiction – Cost, delay and practical impediments to the conduct of proceedings in Australia – Not satisfied that the Family Court of Australia is a clearly inappropriate forum.

  • Festa & Comer [2016] FamCA 430

    02 Jun 2016

    FAMILY LAW – CHILDREN – final orders – where the parties are in dispute as to the parenting arrangements of the child – where the father alleges the mother suffers from a long history of mental illness and therefore she is a risk to the child – where of recent date the mother’s time with the child has been subject to supervision – where the Court finds that the mother’s mental health is not in and of itself a barrier to the mother having a relationship with the child – where there is no evidence to suggest the child is at risk of physical harm – where orders are made for the child to live with the father and for him to have sole parental responsibility – where the mother is required to undertake therapy and upon successful completion the child’s time with the mother shall be reinstated.

  • Corla & Tebello [2016] FamCA 429

    02 Jun 2016

    FAMILY LAW – CHILDREN – PARENTING ORDERS – where father poses an unacceptable risk of harm – where presumption of equal shared responsibility does not apply – where sole parental responsibility order in favour of the wife – where cultural and religious beliefs have an impact on the child’s best interest – where relationship with the child is outweighed by the negative aspects and experiences which she feels – where father currently resides overseas – where father will communicate and spend time with child as agreed between the parents – where the father will travel to Australia to spend time with the child as agreed between the parents – where father sought to have the assistance of an interpreter – whether father has not shown any signs of difficulty comprehending the communications – where this is the first court event he has requested an interpreter – where father declined to cross-examine any witnesses.

    FAMILY LAW – CHILDREN – permanent resident of Australia – where mother seeks father’s consent to the child becoming a permanent resident – where it is in the best interests of the child to have the right to travel overseas and return to Australia.

  • Alfarsi & Elhage [2016] FamCA 428

    02 Jun 2016

    FAMILY LAW – JURISDICTION – Where both parents and children are Australian citizens – Where children were removed from Australia to Iraq by the father in September 2014 – Where agreed that children were habitually resident in Australia at the time of their removal – Where the father asserts that he does not know who is caring for the children in Iraq – 1996 Convention as implemented in the Family Law Act 1975 does not have application – Consideration of habitual residence of the children – Children have remained “habitually resident” in Australia – Satisfied the Court has jurisdiction.

  • Weaver & Maher [2016] FamCA 426

    02 Jun 2016

    FAMILY LAW – CHILDREN – Interim Parenting – With whom the children live with – With whom the children spend time – Best interests of the children – Parents’ relationship was characterised by violence, drug use, illegal behaviour and personal conflict – Where the father filed an application for further interim parenting orders while judgment was reserved – Where three of the children have special needs – Where the children have significant relationships with both parents – Issues of risk in each household – Mother to undertake relevant parenting courses – Three eldest children to spend day time with the mother – Youngest child to continue to live with her mother and spend time with the father – Order of equal shared parental responsibility to continue.

  • Spiteri & Walker [2016] FamCA 425

    02 Jun 2016

    FAMILY LAW – CHILDREN – Interim proceedings – Where final orders made by consent in 2013 – Where proceedings recommenced by the mother in 2014 –Where both parties seek sole parental responsibility and mother seeks changes to the younger child’s time with the father – Where no significant risk of harm – Where appropriate that parties retain equal shared parental responsibility pending final hearing – Where appropriate that there be no change to the younger child’s time with the father pending final hearing – Where interim orders made in the Federal Circuit Court of Australia restraining the children from engaging in SCUBA diving or other waterborne activities – Where father seeks the restraint to be lifted – Where mother has concerns about the children’s physical fitness for such activity by reason of a history of asthma – Where further medical testing has been recommended to determine the children’s suitability to participate in SCUBA diving and other waterborne activities – Where appropriate that the children undertake such testing.

  • Cotter & Cotter [2016] FamCA 424

    19 May 2016

    FAMILY LAW – PROPERTY – ENFORCEMENT - Where orders made by consent – Where wife seeks to set aside the orders under s 79A of the Family Law Act 1975 (Cth) – Where husband seeks to enforce orders made by consent – Where self-executing orders made for the wife to file evidence in support of her application and should she fail to do so her application would stand dismissed – Where wife failed to file or provide to the Court documents as ordered and her application under s 79A was dismissed – Where orders made for husband to be authorised to act on behalf of both parties to give effect to consent orders in part – Where balance of husband’s application for enforcement and costs adjourned to a later date for hearing.

  • Re: Oliver [2016] FamCA 423

    31 May 2016

    FAMILY LAW – MEDICAL PROCEDURES – Childhood gender dysphoria – Where the Court declares that the child is competent to consent to the administration of Stage 2 treatment.

  • Blakeslee & Granville [2016] FamCA 422

    19 May 2016

    FAMILY LAW – Where there were disputes about the time children would spend with each parent – where it was appropriate that generally the interim orders which had applied for some time should continue – where there was a dispute about contributions to the acquisition conservation and maintenance of property including a dispute as to the categorisation of a gift from a parent of one of the parties – the possible application of the Rule in Jones v Dunkell – whether the court has jurisdiction if superannuation funds are not valued in accordance with the regulations but the parties agree on the valuations – superannuation funds in the UK excluded.

  • Winters & McGuigan [2016] FamCA 421

    01 Jun 2016

    FAMILY LAW – CHILDREN – With whom a child lives – Best interests of child – Where there are two children of the marriage – Where the father alleges the mother has deliberately set out to alienate him from the children – Where the Court orders the father has sole parental responsibility for a year and thereafter the parents have equal shared parental responsibility – Where the Court orders the children live with the father and spend time with the mother

  • Walden & Walden [2016] FamCA 420

    16 May 2016

    FAMILY LAW – PROPERTY – Interim – Wife’s application for the parties to join in paying for an expert report – Where that application is opposed by the husband – Where the Court is of the view that it is not a proper joint expense – Where the wife is granted leave to adduce evidence of an expert that she retains.

    FAMILY LAW – SPOUSAL MAINTENANCE – Interim – Application for leave under s 44(3)of the Family Law Act 1975 (Cth) to commence proceedings for spousal maintenance out of time – Consideration of s 44(4) – Where the wife has not established a case for hardship – Application for leave under s 44(3) is dismissed.

  • White & West [2016] FamCA 419

    27 May 2016

    FAMILY LAW – COSTS – Where the wife seeks that the husband pay her costs on an indemnity basis – Where the costs sought by the wife are in relation to an unsuccessful contravention application by the husband – Where the wife made an offer in writing to settle the contravention proceedings – Where the husband was wholly unsuccessful in his contravention application – Where the parties have been engaged in a long history of litigation – Where the Court is not persuaded that the circumstances warrant an indemnity costs order – Order made that the husband pay the wife’s costs as agreed or as assessed on a party and party basis.

  • McDuff & Seaward [2016] FamCA 416

    11 May 2016

    FAMILY LAW – CHILDREN – travel overseas – where the father opposes the mother’s application to travel with the children overseas – where the mother is permitted to travel to Asia with the children for a specified period of time – where the mother must ensure the children have appropriate hotel accommodation and do not travel to certain areas within Asia.

  • Kingston & Hiss [2015] FamCA 415

    30 May 2016

    FAMILY LAW – CHILDREN – Best interests – Where the children are at an unacceptable risk of emotional abuse in the mother’s care – Where the father has had sole parental responsibility of the children on an interim basis since trial – Where the mother’s time with the children is to be supervised until such time as agreed between the parties. 

    FAMILY LAW – PROPERTY – De facto relationship – Where the mother denied the existence of a de facto relationship to receive Centrelink benefits – Whether just and equitable to make property adjustment orders – Where financial and non-financial contributions during relationship relatively equal – Where the father made a significant initial financial contribution – Where Registry manager ordered to send a copy of orders and reasons to Centrelink.

  • Dave & Karia [2016] FamCA 414

    12 May 2016

    FAMILY LAW – NULLITY – where both parties seek a declaration that their marriage is null and void – where the parties are former citizens of India – where they allege to have been under immense pressure from their respective families and in fear of physical harm – where the parties alleged there was no real consent because the marriage was obtained under duress – where the Court finds the parties were not forced to marry – where the application is dismissed.

  • Coulter & Jamieson [2016] FamCA 449

    06 Jun 2016

    FAMILY LAW – PROPERTY – Settlement – declaration that a de facto relationship existed made with consent – property settlement orders made by consent

  • Persall & Lenahan [2016] FamCA 413

    27 May 2016

    FAMILY LAW – CHILDREN – With whom a child lives – With whom a child spends time – Parental responsibility – Father’s perpetration of family violence against the mother – Father’s drug use – Children’s exposure to the father’s aberrant conduct – Where the children cannot benefit from time with the father – Where there are significant risk factors in relation to the children spending time with the father – Children to live with the mother and spend no time with the father – Sole parental responsibility to be held by the mother.

  • Bass & Bass and Anor [2016] FamCA 412

    26 May 2016

    FAMILY LAW – COSTS – Application in a Case – Applications for a stay of orders – Where the applications are in aid of an appeal – Where both applications are dismissed – Where costs of the applications are reserved pending the appeal – Where no evidence of the parties’ financial circumstances is adduced – Whether the applications were wholly unsuccessful – Whether an order for indemnity costs should be made – Where there are no exceptional circumstances which would justify an indemnity order – Where costs are ordered on a party and party basis – Where the father is ordered to indemnify the Child Support Trust against the costs and expenses of the case guardian.

  • Kapicic & Bakal [2016] FamCA 410

    26 May 2016

    FAMILY LAW – CHILDREN – final orders – where the father seeks orders for sole parental responsibility and that the child live with him – where the orders are opposed by the mother – where the father is concerned as to the mother’s mental stability and considers her time with the child should be supervised – where the parties are in dispute as to the child’s health – where the Court finds that the mother’s allegations against the father are scandalous – where the ICL seeks an order that the mother undergo a course of therapy before she is permitted to spend time with the child – where the family consultant support orders in favour of the father – where it is ordered that the father have sole parental responsibility and that the child live with him and spend time with the mother each alternate weekend and during school holidays.

    FAMILY LAW – PROPERTY – final orders – where the father seeks a settlement sum – where the mother seeks to retain the former matrimonial home – where it is just and equitable to make an order for property settlement – where consideration is given to contributions – where the mother is required to pay the father a settlement sum.

  • Ferro & Kopel [2016] FamCA 409

    26 May 2016

    FAMILY LAW – CHILDREN – final orders – where the wife seeks an order that she be permitted to relocate with the child to Israel – where the application is opposed by the husband – where the wife is not permitted to relocate – where the parties share parental responsibility but the wife has sole parental responsibility for the child’s education and health – where orders are made for the child to live with the mother and spend substantial and significant time with the father. 

    FAMILY LAW – PROPERTY – final orders – where the husband seeks to retain the residential property – where both parties seek to retain their separate business enterprises – where consideration is given to the value of the assets including the businesses – where consideration is given to contributions including those of the husband’s family and where an adjustment is made in favour of the husband – where the overall adjustment creates a differential in favour of the wife – where the husband is required to pay the wife a settlement sum. 

    FAMILY LAW – JEWISH DIVORCE – where the wife seeks an order that the husband grant her a gett – where consideration is given to the constitutionality of such an order – where the Court does not consider it has the power to make the order sought.

  • Bardsley & Bardsley [2016] FamCA 408

    26 May 2016

    FAMILY LAW – PROPERTY – INTERIM PROCEEDINGS – Where the wife seeks periodic and lump sum spouse maintenance – Where the husband opposes the orders sought by the wife – Whether the wife is unable to support herself adequately for the purposes of section 72 of the Family Law Act 1975 (Cth) – Where the Court finds the wife is unable to support herself – Whether the husband has the capacity to pay spouse maintenance – Where the Court finds the husband has the capacity to pay periodic spouse maintenance but not lump sum spouse maintenance – Orders made for the husband to pay to the wife periodic spouse maintenance.

  • Miller & Schopenhaur [2016] FamCA 407

    26 May 2016

    FAMILY LAW – CHILDREN – Parenting order – interim parenting orders – where mother asserts the father poses an unacceptable risk of sexual harm – where father accepts on an interim basis time should be supervised – where family members may be inappropriate supervisors – where briefing or training of family members will ameliorate any difficulties with family members supervising – where greater weight attached s60B than s60CC of the Family Law Act 1975 (Cth) – where father conceded that presumption of equal shared parental responsibility is inappropriate at this stage – where presumption is not applied or rebutted, the Court is at large to consider what arrangements will best promote the child’s best interests having regard to the objects and principles in s 60B and the primary and secondary considerations in s 60CC.

  • Re Tara [2016] FamCA 406

    26 May 2016

    FAMILY LAW – MEDICAL PROCEDURES – Childhood gender dysphoria – Where the Court declares that the child is competent to consent to the administration of Stage 2 treatment.

  • Re: Sara [2016] FamCA 405

    26 May 2016

    FAMILY LAW – MEDICAL PROCEDURES – Childhood gender dysphoria – Where the Court declares that the child is competent to consent to the administration of Stage 2 treatment.

  • Selwood & Selwood and Ors (No 2) [2016] FamCA 404

    12 May 2016

    FAMILY LAW – PROPERTY SETTLEMENT – distribution of funds – calculations – where orders are made for the distribution of funds.

  • Selwood & Selwood and Ors [2016] FamCA 403

    12 May 2016

    FAMILY LAW – PRACTICE & PROCEDURE – joinder – where the Court finds that it is appropriate for the intervener to be joined.

    FAMILY LAW – PROPERTY SETTLEMENT – distribution of funds – where the wife seeks orders in relation to the distribution of funds received from the sale of a property – where the order is opposed by the husband and the intervener – where the matter is adjourned for further consideration of the amount payable to the parties.

  • Gervase & Gervase [2016] FamCA 402

    17 May 2016

    FAMILY LAW – PROPERTY – INTERIM PROCEEDINGS – Competing applications – Where the wife seeks exclusive occupation of the former matrimonial home – Where the husband seeks exclusive occupation of the former matrimonial home and an investment property owned by the parties – Where the wife seeks that accrued, and future, rental income generated by the investment property be distributed equally between the parties – Where the husband seeks that the rental income be paid to him – Orders made for the husband to remain in the former matrimonial home and have exclusive occupation of the investment property – Orders made for the rental income to be distributed equally between the parties – Orders made for the husband to pay to the wife spousal maintenance.

  • Lin & Nicoll [2016] FamCA 401

    26 May 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – validity of marriage – where the parties are of South East Asian descent – where the wife brings the application but it is opposed by the husband – where the marriage is valid and a divorce is granted.

  • Hutcheson & Meli [2016] FamCA 400

    25 May 2016

    FAMILY LAW – CHILDREN – relocation – where the mother seeks an order that she be permitted to relocate – where the father opposes the mother’s application – where the Court finds that the mother would suffer emotionally and psychologically if not permitted to relocate – where consideration is given to the benefit to the child of maintaining a meaningful relationship with both parents – where it is found that it is not in the child’s best interests for the parents to have equal shared parental responsibility – where the mother is permitted to relocate but is required to remain in Australia for a short period to enable the establishment of a relationship between the child and father – where the mother is required to provide security for the father’s travel to spend time with the child.

  • Fabre & Palmer and Anor [2016] FamCA 399

    04 May 2016

    FAMILY LAW – CHILDREN – FINAL ORDERS – Application by the maternal uncle that he and the mother have equal shared parental responsibility and that the child spend time with him two nights per week – no appearance by the father – where the father has been notified of the proceedings – where there is a history of domestic violence between the mother and the father – where the father is alleged to engage in the use or abuse of drugs – where the mother and the father have mental health issues – where the child has previously been placed with the maternal uncle on an interim accommodation order – where the mother consents to the orders – orders made as sought by the applicant

  • Cole & Cole [2016] FamCA 398

    11 Apr 2016

    FAMILY LAW – INJUNCTION – INTERIM ORDERS – Application by the wife to restrain the husband from leaving the jurisdiction or from disposing with shares – where the purpose of the husband’s travel is not business related – where an undertaking is offered by the wife to meet any loss sustained by the husband due to a delay in his travel arrangements – orders made restraining the husband from leaving the jurisdiction or from disposing of shares for a limited period

  • Nakotoni & Murphy [2016] FamCA 397

    25 May 2016

    FAMILY LAW – CHILDREN – Best interests – With whom the child should live – Where the child is very young – Where the child had spent the majority of his life in the care of the mother – Orders made for the child to live with the mother and spend time with the father

  • Laws & Laws and Anor [2016] FamCA 396

    16 May 2016

    FAMILY LAW – PROPERTY – PRACTICE AND PROCEDURE – where the wife claims an injunction under s106B of the Family Law Act 1975 (Cth)- where respondent seeks an adjournment of proceedings due to medical reasons – where applicant has to demonstrate there is a serious question to be tried – where balance of convenience favours grant of injunction – where wife claims the purpose of the transfer of shares was to defeat her claims – whether damages are an adequate remedy – where no statutory right to damages is created under that provision – where injunction granted – where respondent has liberty to apply to dissolve injunction on 48 hours’ notice. 

    FAMILY LAW – PROPERTY – PRACTICE AND PROCEDURE – where respondent seeks transfer of proceedings to the Federal Circuit Court – where s106B of the Family Law Act 1975(Cth) introduces complexity – where matter retained in the Family Court of Australia. 

    FAMILY LAW – PROPERTY – where husband seeks the wife vacate the matrimonial home – where wife has paid to discharge present arears – where it is a matter of commercial judgement of the bank whether the property should be vacated. 

    FAMILY LAW – CHILDREN – Parenting orders – where husband asserts no substantial matters are left in dispute – where magnitude of differences between the parties is not yet apparent – where it is premature in the proceedings to make an order

  • Tyson & Tyson [2016] FamCA 395

    04 May 2016

    FAMILY LAW – INJUNCTIONS – INTERIM ORDERS – Application by the wife to restrain the husband from encumbering real property or from disposing of assets of a company – application neither opposed nor consented to by the husband – issue raised as to the husband’s capacity – orders conceded by the husband’s solicitor as appropriate – where the orders the wife seeks are to preserve the assets of the parties – orders made as sought by the wife

  • Allan & Allan [2016] FamCA 394

    24 May 2016

    FAMILY LAW – PROPERTY – INTERIM ORDERS – Application by the husband for sale of real property and refinancing of a mortgage liability – where the husband seeks orders to alleviate his alleged financial difficulties – where there is no evidence to support the husband’s alleged financial difficulties – where the wife seeks to retain the real property sought to be sold by the husband as part of the final property settlement – where the orders proposed by the husband would result in him controlling assets representing a significant proportion of the pool of assets – application refused

  • Vancovich & Dunfield [2016] FamCA 393

    03 May 2016

    FAMILY LAW – PROPERTY SETTLEMENT – Review of a Registrar’s decision to refuse to make orders by consent on the basis that s 81 was not satisfied – where the parties intend to continue to operate a business jointly – where the parties have both received independent legal advice – final orders made as sought by the parties

  • Dover & Rogers [2016] FamCA 392

    24 May 2016

    FAMILY LAW – CHILDREN – With whom a child lives – With whom a child communicates – With whom a child spends time – Allegations of sexual abuse – High level of conflict – Orders that children live with mother and spend time with the father

  • Starcevic & Watson [2016] FamCA 391

    23 May 2016

    FAMILY LAW – CHILDREN – Family violence – standard of proof - definition of “unacceptable risk” - here greater weight attached s60B than s60CC of the Family Law Act 1975 (Cth) best interest of a child – best interests of the child balanced with perceived risk – mothers fear of husbands violence – where the mother has sole parental responsibility and an order that children spend no time nor communicate with father – where father disengaged from proceedings. 

    FAMILY LAW – PROPERTY – where the father ordered to transfer his title and interest in matrimonial home – where mother indemnify the father in relation to the matrimonial home – whether it is just and equitable that the mother assume all of the parties net liability.

  • Judd & Cornell-Judd [2016] FamCA 390

    19 May 2016

    FAMILY LAW – PROPERTY – Settlement in relation to marriage – Whether it is just and equitable – Identifying the existing interests – Where satisfied there is an outstanding joint liability to the wife’s father – Financial and non-financial contributions – Indirect financial contributions by the wife’s parents – Not satisfied the husband contributed financially by way of an inheritance as he contends– Husband’s conduct resulted in a diminution of the parties’ property pool to payments of debts – Where the wife has the future care and control of the children – Husband has greater income earning capacity and financial resources – Payment of child support uncertain – Husband’s non-disclosure – Greater contributions by the wife and further adjustment in favour of the wife.

  • Helms & Helms [2016] FamCA 389

    23 May 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Property Settlement – Application for deferral of property proceedings – Family Law Act 1975 (Cth) s79(5) – change in financial circumstances – Where the trial Judge’s finding that a significant change within the period of the adjournment would be more likely to do justice as between the parties than an immediate order – where case management principles and the need for expeditious justice with the opportunity for parties to properly present their best case.

  • Strahan & Strahan [2016] FamCA 388

    20 May 2016

    FAMILY LAW – PRACTICE & PROCEDURE – trial directions – where the matter is adjourned for the purpose of making trial directions at a later date – where the parties have agreed to participate in private mediation.

    FAMILY LAW – PROPERTY SETTLEMENT – interim orders – where an order is made that the husband pays to the wife’s solicitors a sum for the purpose of payment of legal fees and disbursements – where the parties are required to file updated financial statements – where costs are referred to the trial judge.

  • McMillan & McMillan [2016] FamCA 387

    23 May 2016

    FAMILY LAW – PROPERTY – S105 Application for enforcement – application by the wife for enforcement of orders – consideration of the discretionary power of the Court to enforce orders pursuant to section 105 of the Family Law Act (Cth) 1975 – where the equitable bar of laches is not applicable – where delay per se does not readily excite equitable intervention – relevance of equitable defences – limitation periods for enforcement of judgement – limitation periods in relation to recovery of interest.

  • Fewster & Hyde [2016] FamCA 385

    10 Feb 2016

    FAMILY LAW - CHILDREN - Family violence – standard of proof - definition of “unacceptable risk” - here greater weight attached s60B than s60CC of the Family Law Act 1975(Cth) - where the mother has ceased spending time with the children - Where presumption to have equal shared parental responsibility rebutted.

  • Fielding & Doull [2016] FamCA 384

    23 May 2016

    FAMILY LAW – CHILDREN – CONTRAVENTION – where it is alleged the mother has failed to comply with Orders providing for the children’s time with their father and the exercise of shared parental responsibility – where the allegation of contravention is proved on two counts – where on the third count the mother made a reasonable attempt to comply with the orders of the court – findings of contravention – where the parties will be provided a further opportunity to make submissions as to sanction.

  • Bertram & Bertram [2016] FamCA 383

    20 May 2016

    FAMILY LAW – CHILDREN – final orders – where the parties live in different states – where significant weight is given to the wishes of the children – where it is ordered that the parties have shared parental responsibility but that the father have sole parental responsibility for matters relating to health and education affecting one child – where it is ordered that the children live with the father and spend time with the mother at such times to be agreed between the parties.

    FAMILY LAW – PROPERTY – final orders – where the husband seeks orders by way of property settlement – where the wife opposes the sale of one property – where consideration is given to contributions – where the wife is required to pay the husband a settlement sum – where various ancillary orders are made by way of property settlement.

  • Duarte & Morse [2016] FamCA 381

    28 Apr 2016

    FAMILY LAW – PARENTING – Contravention – Contravention application made by the mother against the father alleging a breach with respect to parenting orders – Where the mother seeks an order that the father be restrained from expressing concern about the risk posed to the children by the mother – Where the purpose of contravention proceedings pursuant to Division 13A is examined – Where the mother’s application is for an ulterior purpose – Application dismissed.

  • Padelford & Tsui [2016] FamCA 380

    20 May 2016

    FAMILY LAW – CHILDREN – INTERIM PROCEEDINGS – Where the father seeks orders that he spend time with the child on a graduated basis, increasing to unsupervised overnight time – Where the mother seeks orders that the father’s time with the child be supervised for two hours per week –Where the child has cerebal palsy and has spent no time with the father in two years – Where there are disputed allegations of family violence – Presumption of equal shared parental responsibility not applied – Orders made for the child to live with the mother – Orders made for the father to spend supervised time with the child.

  • Grandhouse & Grandhouse [2016] FamCA 379

    20 May 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Summary dismissal – Application by the father for summary dismissal of the mother’s Initiating Application – Where the mother seeks to vary final parenting orders – Where the orders were subject to an appeal by the mother which was subsequently dismissed by the Full Court –Where the orders provided for the mother to seek a variation but subject to her meeting specific conditions –Where the Court finds that the mother has not provided any evidence as to her compliance with those orders – Where the Court finds the application has no reasonable likelihood of success and amounts to an abuse of process under rule 10.12 of the Family Law Rules 2004 (Cth) – Orders made summarily dismissing the mother’s Initiating Application.

  • Gregg & Gregg [2016] FamCA 378

    18 May 2016

    FAMILY LAW – CHILDREN – interim orders – where the mother has moved the children interstate – where consideration is given to the best interests of the children – where there is a psychologist report in relation to the mother – where the Court finds if the mother was ordered to return to South Australia there would be a risk to the mother’s wellbeing – where the Court orders holiday time in favour of the father.

  • Niven & Derrick [2016] FamCA 377

    20 May 2016

    FAMILY LAW – CHILDREN – Best Interests – Where there is a benefit to the child in having a meaningful relationship with both of his parents – Where the current parenting arrangement has become unworkable and intolerable for the child – Where there is a need to protect the child from psychological harm in the mother’s household – Children’s views – Sibling relationships – Where the mother wishes to relocate to the USA and there is a real risk she will not return with the child – Where given all the circumstances of the current matter, the mother has a limited capacity to meet the child’s emotional needs – Where the question becomes which of the parents is more likely to support the relationship with the other parent – Where on balance the father is the one who is likely to do so – Where there will be a positive impact on the child of a change of residence – Child to live with the father – Child to spend time with the mother during school holidays in Australia, following an initial embargo period 

    FAMILY LAW – CHILDREN – Parental Responsibility – Where the communication, consultation and compromise required for equal shared parental responsibility is an impossibility for these two parents – Where whichever parent the child lives with should exercise sole parental responsibility – Father to have sole parental responsibility

  • Lintz & Lintz and Ors [2016] FamCA 376

    31 Mar 2016

    FAMILY LAW – Financial proceedings - objection to subpoena issued at the behest of the husband to the parents of the wife – relevance of documents relating to the parents’ trusts – relevance of parents’ wills – objection not allowed.

  • Lake & Brand [2016] FamCA 375

    20 May 2016

    FAMILY LAW – PROPERTY – FINAL ORDERS – Asset pool – dispute as to the value of the husband’s interest in his family’s entities and debts alleged by him to be owed to the family entities – where one of the family entities was previously involved in the proceedings and discontinued its application just prior to the hearing – finding that the husband and his family have engaged in a course of action to defeat the wife’s claim 

    FAMILY LAW – INJUNCTIONS – Application by the wife for an injunction pursuant to s 90AE to restrain a third party company of which the husband is a director from instituting proceedings to recover a debt or from attempting to prove the existence of the debt – where the debt is alleged by the husband to be owed to the company – where the evidence does not support the existence of the alleged debt – injunction made restraining the company pursuant to s 90AF

    FAMILY LAW – PROPERTY – Waste – where the husband purchased a yacht just prior to separation – where the husband claimed after the commencement of proceedings that the children of the marriage have a 52 per cent share in the yacht – where the wife was not aware of husband vesting any interest in the yacht in the children and did not consent to that course of action – Kowaliw & Kowaliw (1981) FLC 91-092 considered – finding that the husband acted recklessly, negligently or wantonly dealt with matrimonial assets – waste by the husband taken into account pursuant to s 75(2)

  • Acharya & Bhatt [2016] FamCA 374

    27 Apr 2016

    FAMILY LAW – PROPERTY – Interim – Spouse maintenance – Application by the wife for interim spousal maintenance – Where the wife lives in the former matrimonial home – Where the husband lives overseas – Where there is some evidence to suggest that the wife has mental health issues – Where the wife has demonstrated a need for financial assistance – Where the husband has some capacity to pay – Orders for spouse maintenance pending further order.

  • Senna & Jensen [2016] FamCA 373

    20 May 2016

    FAMILY LAW – CHILDREN – SEXUAL ABUSE – Best interests – Whether the children are at an unacceptable risk of sexual abuse in the father’s care – Where the children have made various consistent disclosures – Where the mother has attempted to facilitate a meaningful relationship between the children and their father.

  • Olmos & Morrall [2016] FamCA 372

    04 May 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Application for adjournment of a part heard hearing – Where counsel for the father is unavailable and need to brief other counsel – Where application opposed by mother – Where grounds for adjournment do not outweigh prejudice to the mother – Application dismissed

  • Edmund & Belkin [2016] FamCA 371

    16 May 2016

    FAMILY LAW – CHILDREN – with whom the child lives – with whom the child spends time – where the child is eleven years old – where the mother has historically failed to facilitate and encourage a relationship between the child and her father – whether the mother is able to facilitate a relationship with the father into the future – where the child is ordered to live with her father and spend time with her mother – parental responsibility – where orders are made for equal shared parental responsibility.

  • Harris & Harris (No 3) [2016] FamCA 370

    13 May 2016

    FAMILY LAW – ORDERS – variation following contravention application – where both parties seek a variation – where the Court considers it appropriate to make the variation – where orders are made for telephone contact between the children and the mother – where orders are made for the mother to spend time with one of the children subject to that child’s wishes.

  • Stenner & Stenner (No 3) [2016] FamCA 369

    17 May 2016

    FAMILY LAW – CHILDREN – interim orders – where the mother seeks orders in relation to the two children including for a change in living arrangements and a mental health care plan – where the father opposes the orders sought – where it is ordered that one child not attend at the handover of the other child – where the remainder of the orders sought are dismissed – where the question of costs is reserved to the trial judge.

  • Kemp & Wood [2016] FamCA 368

    13 May 2016

    FAMILY LAW – CHILDREN – final orders – undefended hearing – where the mother seeks an order that she be permitted to relocate to the United States of America – where consideration is given to the best interests of the child – where there is a risk of emotional and psychological harm for the child if her and the mother are prevented from relocating – where the father has not engaged in the proceedings nor spent time with the child for some time – where the mother is permitted to relocate – where orders are made for the child to live with the mother and for the mother to have sole parental responsibility.

  • Lennox & Lennox [2016] FamCA 367

    19 May 2016

    FAMILY LAW – CHILDREN – Best Interests – Where the children’s relationships with the mother are important and valuable to them – Where the nature of the eldest child’s relationship with the father means she derives little, if any, benefit from it and maintenance of that relationship is liable to cause her psychological harm – Where much the same may be said of the relationship between the youngest child and the father – Where the evidence proved the father was an oppressively violent domestic partner – Where the evidence of family violence stops around the time of the parties’ separation, well over three years ago, and accordingly there is no current need to protect the children from any psychological harm from exposure to family violence committed by the father – Where the father demonstrated no tangible change in his attitude or insight into his past actions – Children to live with the mother – Where orders requiring the children to spend more, unsupervised time with the father would certainly be detrimental to the mother’s emotional stability – Where the children should not be treated differentially and so the orders must be a compromise between the needs and desires of both children – Children to spend supervised time with the father on two occasions each year – Where occasional written communication between the father and the children is permitted – Where otherwise the father is restrained from approaching the mother’s residence or any school attended by either child

    FAMILY LAW – CHILDREN – Parental Responsibility – Where the presumption of equal shared parental responsibility does not apply because of the proven family violence between the parties – Where such an order would not be in the children’s best interests – Where the party with whom the children live should have exclusive parental responsibility – Mother to have sole parental responsibility

  • Hogan & Mallory [2016] FamCA 366

    19 May 2016

    FAMILY LAW – PRACTICE & PROCEDURE – Procedural Fairness – Where the respondent wife disengaged from the proceedings and the trial proceeded on an undefended basis – Where the wife was afforded procedural fairness 

    FAMILY LAW – PROPERTY SETTLEMENT – Where it is just and equitable to adjust the parties’ existing property interests – Where the applicant husband’s overall contributions outweighed those of the wife – Where the parties will retain their own superannuation interests of relatively equivalent value and their property interests are divided by apportionment of 75 per cent to the husband and 25 per cent to the wife

  • Veitch & Dempsey [2016] FamCA 365

    06 May 2016

    FAMILY LAW – CHILDREN – interim orders – where the father seeks a variation of the orders made by consent – where there is a family report – where consideration is given to the best interests of the children – where an order is made for an autism assessment – where orders are made for one child to live with the father and spend time with the mother on a week about basis subject to his wishes – where orders are made for therapy.

  • Southwell & Sargent [2016] FamCA 364

    13 May 2016

    FAMILY LAW – CHILDREN – interim orders – where the mother seeks an order that she be permitted to travel with the child to Greece and that the father pay the costs of the child’s return airfare – where consideration is given to Greece being a Hague Convention country – where the mother is permitted to travel with the child – where the father is ordered to pay the mother a sum by way of partial property settlement.

  • Canvil & Merle and Ors [2016] FamCA 363

    29 Feb 2016

    FAMILY LAW – PRACTICE & PROCEDURE – JOINDER – where orders are sought against real property - where it is claimed that the property is held on trust – where the purported beneficial owners of the property are joined to proceedings.

  • Fleming & Fleming [2016] FamCA 362

    18 May 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Release and use of expert report – Where the father seeks the release of the single expert report for use in Apprehended Violence Order proceedings brought against him in the New South Wales Local Court – Where the Apprehended Violence Order sought by the police lists the children as protected persons – Whether the implied obligation applies to the single expert report – Consideration of Sahadi & Savva and Anor [2016] FamCAFC 65 – Where the Court finds the implied obligation does not apply to the single expert report – Whether in exercising the Court’s discretion the single expert report should be released – Where the Court finds it is not in the public interest for single expert reports to be released without redaction and without an undertaking being provided to seek a non- publication order.

  • Dickens & Dickens (No 2) [2016] FamCA 361

    04 May 2016

    FAMILY LAW – CHILDREN – Interim – Where the father seeks a stay of the operation and enforcement of orders until the appeals are dealt with – Where the father seeks an order that a decision to refuse his request for a subpoena be set aside – Where the mother and the Independent Children’s Lawyer oppose the orders sought by the father – Where not granting the stay does not render nugatory the appeals against refusal to disqualify and refusal to remove the Independent Children's Lawyer – Where it is not in the best interests of the children to grant a stay of the order for the expert’s report– Where it is not appropriate for the father to cross-examine witnesses outside the process of the final hearing – Where the father’s two applications in a case are dismissed.

  • Sullivan & Cunez (No 2) [2016] FamCA 360

    13 May 2016

    FAMILY LAW – PROPERTY – Small Asset Pool - Superannuation – Post separation liabilities not taken into account

  • Sullivan & Cunez [2016] FamCA 359

    13 May 2016

    FAMILY LAW – CHILDREN – Where the mother alleges that the paternal grandfather, the father and others had engaged in sexual misconduct against their daughter – Where the mother’s belief pertaining to the alleged abuse is driven by various statements made by the child – Where the child made inconsistent statements to police, family members and others - Where the mother is the primary carer of the children – Where the evidence is insufficient to establish the risk as unacceptable in terms of the father. Consideration of risks in terms of the paternal grandfather and risks in moving the primary residence of the daughter to the full time care of the father.

  • Canvil & Merle [2016] FamCA 358

    22 Apr 2016

    FAMILY LAW – CHILDREN – international travel – whether the mother ought to be permitted to travel overseas with the children.

  • Sandberg & Sandberg [2016] FamCA 357

    17 May 2016

    FAMILY LAW – SPOUSAL MAINTENANCE – Interim – Application by the wife pursuant to sections 72 and 74 of the Family Law Act 1975 (Cth) that the husband pay her weekly spousal maintenance – Where there is one child who resides with the husband in the former matrimonial home – Where the wife works on a casual basis – Where the husband submitted that the wife has a much greater earning capacity than her current income – Where the Court is of the view that the wife does not have a greater earning capacity – Where the wife is unable to support herself adequately on her current income – Where the wife’s weekly expenses leave her with a shortfall – Where the husband’s weekly expenses leave him with a surplus – Orders made that the husband pay to the wife $204 per week by way of interim spousal maintenance until the wife receives proceeds of the sale of the former matrimonial home – Where such an amount will have the effect that both parties experience a similar weekly financial shortfall.

  • Southers & Southers (No 3) [2016] FamCA 356

    03 May 2016

    FAMILY LAW – PROPERTY – Interim – Spouse maintenance – Application by the husband to vary spouse maintenance orders – Where urgent spouse maintenance orders had previously been made– Where the wife has made efforts to obtain paid employment – Where the wife has demonstrated a need for financial assistance – Where the Court finds that husband has the capacity to pay – Order made for interim spouse maintenance pending further order – Order made that the wife provide to the husband evidence of her efforts to obtain paid employment.

  • Sexton & Sexton [2016] FamCA 355

    16 May 2016

    FAMILY LAW – PROPERTY SETTLEMENT – Superannuation – Where the parties were in agreement that a splitting order should be made, whereby the wife would receive 100 per cent of the husband’s interest – Where the trustee of the superannuation fund was afforded procedural fairness – Where the Court finds that it is just and equitable for such an order to be made. 

    FAMILY LAW – ADULT CHILD MAINTENANCE – Where the wife sought adult child maintenance – Where the adult child is autistic and entirely dependent on the wife – Where the Court finds the husband has the capacity to pay maintenance – Orders made for the husband to pay adult child maintenance at the termination of the current child support assessment.

    FAMILY LAW – SPOUSAL MAINTENANCE – Where the wife sought spousal maintenance – Where the Court finds the wife is unable to support herself for the purposes of section 72 of the Family Law Act 1975 (Cth) – Where the Court finds the husband does not have the capacity to pay maintenance after meeting an order for adult child maintenance – Application dismissed.

  • Viola & Latham and Ors [2016] FamCA 354

    16 May 2016

    FAMILY LAW – COSTS – Application for costs of proposed respondents arising out of the wife’s unsuccessful action for leave to bring proceedings on behalf of companies pursuant to s 237 of the Corporations Act 2001 (Cth) – whether the wife’s application was an application pursuant to the Corporations Act 2001 (Cth) or the Family Law Act 1975 (Cth) – held that the wife’s application is not an application incidental to the property proceedings between she and the husband – where the proposed respondents are not parties to the property proceedings – finding that costs should follow the event – interim orders made for the wife to pay the costs of the proposed second and third respondents forthwith

  • Ramsey & Hays [2016] FamCA 353

    16 May 2016

    FAMILY LAW – CHILDREN – With whom a child lives – With whom a child spends time – Parental responsibility – Best interests of the child – Child has lived with the father since 2011 – Significant issues of the mother’s mental health – Allegation of child abuse perpetrated by the paternal uncle – Concerns in relation to the mother’s husband – Child to live with the father and spend time with the mother – Father to hold parental responsibility.

  • Milovic & Banks [2016] FamCA 352

    16 May 2016

    FAMILY LAW – CHILDREN – INTERIM ORDERS – Limited issue – June/July school holidays – where the father seeks equal time with both children – where the mother seeks that the father’s time with the child with special needs be limited – evidence of the family consultant considered – orders made for the children to spend equal time with the mother and father over the school holidays on a graduated basis

  • Greenhill & Carter [2016] FamCA 351

    16 May 2016

    FAMILY LAW – CHILDREN – Interim Parenting – With whom the children live with – Where the mother seeks to relocate the children within NSW – Where the children have well established relationships with both parents – Risk associated with the father’s history of drug use – The effect of the proposed change and relocation on the children – Significant practical difficulty due to the distance between the parents – Order for equal shared parental responsibility by consent – Father with drug testing orders and re-engage with his mental health practitioner.

    FAMILY LAW – PRACTICE AND PROCEDURE – Appeal from Local Court – Hearing de novo.

  • Erington & Erington [2016] FamCA 350

    14 Apr 2016

    FAMILY LAW – PROPERTY – INTERIM ORDERS – Application by the husband for sale the parties’ business – where the bank has issued a notice of default as a result of the business’ failure to meet its obligations to the bank – where the wife seeks that receivers be appointed – where an offer has been made by a party to purchase the business – orders made as sought by the husband pursuant to s 114

  • Akbar & Akbar (No 2) [2016] FamCA 349

    16 May 2016

    FAMILY LAW – COSTS – Application by the wife that the husband pay her costs reserved in a fixed sum from a previous hearing date – where the husband has repeatedly failed to file material – where the husband has failed to comply with court orders – where the husband’s failure to file material by the previous hearing date likely meant that parts of the wife’s application which were not agreed could not proceed on that day – interim orders made for costs in a fixed sum

  • Sadko & Coleman [2016] FamCA 348

    16 May 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Undefended hearing – where the applicant has failed to comply with court orders – where the applicant failed to appear at the hearing – consideration of the principles in Division 12A of the Family Law Act 1975 (Cth) – leave granted to proceed on an undefended basis. 

    FAMILY LAW – CHILDREN – FINAL ORDERS – Application for final parenting orders heard on an undefended basis – where the mother’s whereabouts are unknown – where the mother failed to appear at the hearing – where the mother has a history of mental illness and illicit drug use – where the father seeks to return to his country of employment with the child – where the child had previously been living primarily with the father – orders made that the father have sole parental responsibility, that the child live with the father and that the child have telephone and skype contact with the mother.

  • Preston & Jardine [2016] FamCA 347

    09 Jun 2016

    FAMILY LAW – BEST INTERESTS – Where the child has meaningful and established relationships with both parents – Where the parties agreed the child should continue to live with the mother –Discrete Issue – Where the mother wishes to relocate to New Zealand with the child – Where the mother is a New Zealand citizen and the maternal family live in New Zealand – Where the mother is the child’s primary carer – Where the mother will support and encourage a relationship between the child and the father – Where the best interests of the child are promoted by permitting the mother to establish a residence in New Zealand for the child with herself – Child to live with the mother – Mother to establish a residence for the child and herself in New Zealand not before  the child turns four years of age – Child to spend time with the father in Australia during school holiday time and at times if and when the father travels to New Zealand

    FAMILY LAW – BEST INTERESTS – PARENTAL RESPONSIBILITY – Where the parties agreed they should share equally in parental responsibility – Parties to have equal shared parental responsibility

  • Selen & Selen and Anor [2016] FamCA 346

    07 Mar 2016

    FAMILY LAW – BANKRUPTCY – Application to extend the life of a creditor’s petition pursuant to section 52(5) of the Bankruptcy Act 1966 (Cth) – Where bankruptcy proceedings were transferred from the Federal Circuit Court of Australia to the Family Court of Australia under section 35(2A) of the Bankruptcy Act 1966 (Cth) – Where the creditor is the wife in the family law proceedings – Where the debtor is the son of the wife and the deceased husband – Where the debtor is involved in the family law proceedings in his capacity as administrator of the deceased husband’s estate – Where the debt arises from outstanding costs ordered following unsuccessful appeals to the Full Court of the Family Court of Australia and the High Court of Australia – Whether it is just and equitable to extend the life of the creditor’s petition – Where the prejudice to the creditor is greater than the prejudice to the debtor in circumstances where the debtor had sought the transfer of the bankruptcy proceedings – Application granted.

  • Janssen & Janssen [2016] FamCA 345

    01 Feb 2016

    FAMILY LAW – EVIDENCE – Admissibility – Admissibility of audio recordings made by the mother of exchanges between the parties in circumstances where the recordings were made without the consent of the father – Admissibility of transcripts of the audio recordings – Where the Court finds the audio recordings fall within the exception contained in sub-section 7(3)(b) of the Surveillance Devices Act 2007 (NSW) as the recordings were reasonably necessary to protect the lawful interests of the mother – Where the Court exercises its discretion to admit the audio recordings and transcripts into evidence – Certificate issued to the mother pursuant tosection 128 of the Evidence Act 1995 (Cth).

    FAMILY LAW – EVIDENCE – Application by the father under section 69ZT(3) of the Family Law Act 1975 (Cth) for the provisions of the Evidence Act 1995 (Cth) to apply – Where there are serious allegations of family violence made against the father – Where the Court is satisfied ‘exceptional’ circumstances apply – Rules of evidence to apply to evidence given in respect of events on a specific date and alleged threats made by the father concerning the children.

  • Southers & Southers (No 2) [2016] FamCA 344

    15 Feb 2016

    FAMILY LAW – INTERIM SPOUSE MAINTENANCE – Application by the wife for urgent spouse maintenance – Where the wife has demonstrated an immediate need for financial assistance – Where the Court finds that the husband has a capacity to pay – Order for temporary spouse maintenance pending further order made pursuant to s 77 of the Family Law Act 1975(Cth).

  • Sampey & Sampey and Anor [2016] FamCA 343

    11 Apr 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – REVIEW OF REGISTRAR’S DECISION– OBJECTION TO SUBPOENA – Where certain objections made by the respondents to subpoenas issued by the wife were upheld by the Registrar – Where the wife seeks a review of the Registrar’s orders – Where the respondents dispute the relevance of the documents sought to the proceedings between the husband and the wife – Where the respondents assert that compliance with the subpoena would be oppressive and may reveal confidential information – Where the wife asserts the documents sought are necessary to ascertain the true financial position of the husband – Where the Court finds that the documents may be relevant to the proceedings

  • Duarte & Morse and Anor [2016] FamCA 342

    11 Apr 2016

    FAMILY LAW – INTERIM PARENTING – Whether the mother should spend time with the children unsupervised – Where the children have been removed from the mother’s care by NSW State Courts – Where there has been supervised time previously – Where there are concerns as to risks posed in the mother’s household – Where there has been not opportunity to test the evidence in relation to the risks posed – Where the children have not spent time with the mother in a significant period of time – Where the final hearing is not to take place for some time

  • Fegley & Salway (No 2) [2016] FamCA 341

    15 Apr 2016

    FAMILY LAW – INTERIM PARENTING – Whether the 13 year old child should spend more time with the mother – Where the child has not spent time with the mother for a considerable period – Where the child has made allegations about mother – Where the child has expressed views about spending time with the mother – Where two younger children spend time/live with the mother – Where there is a high conflict relationship between the parents.

  • Farnham & DeLuca [2016] FamCA 340

    11 Apr 2016

    FAMILY LAW – INTERIM PARENTING – Whether the children should spend more time, including overnight time, with the father – Where the father spends limited time with one child – Where the father recently commenced spending supervised time with the younger child – Where there are allegations of Family Violence – Where there is a Family Report

  • Paggett & Cable [2016] FamCA 339

    15 Apr 2016

    FAMILY LAW – CHILDREN – Who the child will live with – equal shared parenting – Allocation of time.

  • Merritt & Hill [2016] FamCA 338

    12 May 2016

    FAMILY LAW – Forum – Is Australia clearly inappropriate? – Both parties and their children live in Singapore – Consideration of advantages to wife – not clearly inappropriate – husband’s application for stay refused.

  • Folett & Langley (No 2) [2016] FamCA 337

    29 Apr 2016

    FAMILY LAW – CHILDREN – STAY – Application by father seeking a stay of final orders pending the hearing of an appeal – Application granted in part

  • Walton & Esposito [2016] FamCA 336

    29 Feb 2016

    FAMILY LAW – Nullity of Marriage – Whether consent obtained by fraud – Whether confined to fraud as to nature of the ceremony or identity of the other party - Where husband alleged “marriage of convenience” for immigration purposes – Neither the marriage nor the relationship was consummated – The wife did not appear at the hearing of the application nor did she file any affidavit material – Application dismissed as term fraud as it appears in s 23B(1)(d)(i) of the Marriage Act 1961 (Cth) has limited scope and is concerned with fraud as to identity of the other party or the nature of the ceremony, and not as to the motives of a party in entering into the marriage

  • Fallon & Bashandi [2016] FamCA 335

    20 Apr 2016

    FAMILY LAW – CHILDREN –Parents their servants and/or agents be and are each hereby restrained from removing or attempting to remove child. Practice and Procedure – service of application

  • Re: Harley [2016] FamCA 334

    22 Apr 2016

    FAMILY LAW – MEDICAL PROCEDURE – Gender dysphoria – declaration of Gillickcompetence and able to consent.

  • SCA & Vaberseck [2016] FamCA 333

    18 Apr 2016

    FAMILY LAW – Hague return application – procedure

  • Bailey & Huppatz [2016] FamCA 332

    03 May 2016

    FAMILY LAW – CHILDREN – where the father seeks unsupervised time with the child – where the Court does not consider it in the child’s best interests for supervision to be abandoned – where there is a risk of psychological harm – where orders are made for time with the father to continue on a supervised basis.

  • Watkins & Sutcliffe [2016] FamCA 331

    06 Apr 2016

    FAMILY LAW – COSTS – power to order the executor (as a party) is entitled to be indemnified for costs incurred from the deceased’s estate.

  • Reagan & Orton [2016] FamCA 330

    11 May 2016

    FAMILY LAW – CHILDREN – Discrete issue as to child’s surname – Where mother seeks that the child be known by a hyphenated surname – Where father historically opposed the use of a hyphenated surname – Where father has failed to comply with directions for filing material and has failed to appear before the Court – Where appropriate that the matter proceed on an undefended basis – Where orders made previously for the child to live with the mother and the mother to have sole parental responsibility – Where the child is due to commence school in 2017 – Where the father’s surname is the child’s registered name but the mother and her extended family use the mother’s surname for the child and the child identifies with this name – Consideration of best interests principles – Order made that the mother be permitted to register the child’s surname as a hyphenated surname.

  • Rourke & Mercer [2016] FamCA 329

    06 May 2016

    FAMILY LAW – CHILDREN – With whom the child lives – With whom the child spends time – Parental responsibility – Best interests of the child – Very young child – Father’s perpetration of family violence – Father’s mental health – Where father has disengaged from the proceedings – Benefit of a meaningful relationship – Need to protect the child from harm – Nature of the child’s relationship – Parental capacity – Attitude to the responsibilities of parenthood – Child live with the mother – Mother hold sole parental responsibility.

    FAMILY LAW – PRACTICE AND PROCEDURE – Non-appearance of a party – Considerations in respect of adjourning parenting proceedings – Proceed to final undefended hearing.

  • Hurford & Hurford [2016] FamCA 328

    02 May 2016

    FAMILY LAW – INTERIM PROPERTY – Where the husband’s financial circumstances are complex and unclear – Where the wife seeks that the husband provide written details of any liability incurred since 8 December 2014 – Where the husband asserts that such an order is onerous – Where the wife seeks to change an existing order so that the husband is required to seek the wife’s permission to enter into a liability – Where the husband asserts that such an order would make his businesses impossible to run - Where the husband seeks to discharge orders requiring him to fund single expert reports - Where orders are made for the husband to provide written details of any liability in excess of $50,000 – Where an order is made that the husband is required to seek the wife’s permission in relation to transactions other than in the ordinary course of business – Where the matter is adjourned so that the husband can make inquiries as to obtaining assistance to fund single expert reports – Where a “dollar for dollar” order is made.

  • Bhatt & Sant [2016] FamCA 327

    11 May 2016

    FAMILY LAW – CHILDREN – INJUNCTIONS - Application by the mother that she be permitted to travel with the child to India and for the removal of the child’s name from the Airport Watch List – application opposed by the father and the Independent Children’s Lawyer – s 68B considered – where the mother recently abandoned an application to relocate to India – where the mother says she wishes to travel to India for the purpose of visiting her ill father and to take the child to a place of religious importance – where the child is of a young age – where the father’s relationship with the child is still developing – best interests of the child considered – mother’s application dismissed

  • Allan & Allan and Ors [2016] FamCA 326

    02 May 2016

    FAMILY LAW – COSTS

  • Adair & Adair [2016] FamCA 325

    11 May 2016

    FAMILY LAW – CHILDREN – With whom the children live – With whom the children spend time – Parental responsibility – Best interests of the children – Where the children have not spent time with the father since 2013– Family violence perpetrated by the father against the mother and children – Unacceptable risk of harm – No benefit to the children in this family having a relationship with their father – Need to protect the children from harm – Children to live with the mother and spend no time with the father – Restraints on the father – Mother hold sole parental responsibility.

    FAMILY LAW – PRACTICE AND PROCEDURE – Non-appearance of a party – No appearance by the father on the second day of hearing – Hearing proceeded on an undefended basis.

  • Arthur & Arthur [2016] FamCA 324

    10 May 2016

    FAMILY LAW – PROPERTY – Settlement in relation to marriage – Where the parties cohabited for approximately 23 years – Where principal asset of the parties is the former matrimonial home –Where the parties agreed to equal division of total superannuation – Where the Court found that the husband was solely entitled to possession of the household goods in the former matrimonial home – Where the Court found s 75(2) factors in favour of the husband of 10 percent – Where the Court found that the husband was entitled to 80 percent and the wife entitled to 20 percent of the matrimonial property pool

  • Newton & Henzel [2016] FamCA 323

    06 May 2016

    FAMILY LAW – PRACTICE AND PROCEDURE - Application to reopen – Rice & Asplund(1979) FLC 90-725 considered – where final orders have been made that the mother have sole parental responsibility, the children live with the mother and the children spend no time with the father – where the father seeks to reopen parenting proceedings in relation to parental responsibility and his time with the children – no significant change of circumstance shown to justify reopening – application to reopen dismissed

  • Brook & Brook and Anor [2016] FamCA 322

    06 May 2016

    FAMILY LAW – COSTS – Where a subpoenaed party seeks costs of compliance – consideration of rule 15.23 of the Family Law Rules 2004 – where subpoenaed party asserts it incurred substantial loss or expense in complying – where costs incurred by subpoenaed party exceeded conduct money – where costs of compliance were not found to be reasonable – failure to establish substantial loss or expense as a result of compliance – interim orders made that the application for costs be dismissed.

  • Brook & Brook [2016] FamCA 321

    06 May 2016

    FAMILY – CHILDREN – FINAL ORDERS – what time the child spends with the father – where the mother the child at risk of abuse– where the mother makes allegations of physical and emotional abuse perpetrated against her by the father – whether the father poses an unacceptable risk to the child – where the mother seeks the father’s time with the child be limited to after school two nights each week, no overnight time and otherwise by agreement – where the mother makes no formal proposal for school holidays or on special occasions – finding that the father is not an unacceptable risk to the child – best interests consideration – finding that the child should spend significant and substantial time with the father – orders made for the child to spend increasing time with the father including overnight, weekend and holiday time

    FAMILY – CHILDREN – FINAL ORDERS – CHILDREN – FINAL ORDERS – Parental responsibility – best interests – where the mother seeks sole parental responsibility – where an order for sole parental responsibility may enable the mother to exclude the father from the child’s life – where the parties have recently engaged in family therapy – where there is recent evidence of the parties agreeing on issues regarding the child – orders for equal shared parental responsibility 

    FAMILY – CHILDREN – FINAL ORDERS – PROPERTY – FINAL ORDERS – where parties were married for 12 years – where there is one young child of the relationship – where the child lives with the mother and spends significant and substantial time with the father – where it is just and equitable to make orders altering the parties interests in property – where the mother has a greater earning capacity than the father – where contributions by and on behalf of the mother during the marriage and post separation including financial support of the child are greater than those of the father– where the mother opposes a superannuation splitting order – orders made for an overall division of the asset pool including superannuation entitlements of 60 per cent: 40 per cent in favour of the mother

  • Allen & Cortez [2016] FamCA 320

    06 May 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Stay of proceedings – where the husband is an Australian citizen living in the United States – where the wife is a dual citizen of Country C and Australia living in the United States – where the husband initiated property proceedings in Australia in August 2014 – where the wife subsequently issued proceedings in the United States in October 2015 – where the wife issued an Application in a Case for the Australian proceedings to be stayed pending determination of the proceedings in the United States – where the husband filed a response opposing the wife’s application and seeking an anti-suit injunction against the wife – “clearly inappropriate forum” test applied – orders made that the wife’s application for a stay of the Australian proceedings be dismissed and she be restrained from continuing any proceedings in any other jurisdiction including the United States.

  • Ilhan & Sett [2016] FamCA 319

    06 May 2016

    FAMILY LAW – CHILDREN – Best Interests – Where the child has a meaningful relationship with both his parents – Where there is no evidence to support the mother’s belief that the child has been sexually abused in the father’s household – Where it has to be said that the child’s interview with JIRT was so flawed as to be unreliable – Where the father’s two friends who live with him do not represent an unacceptable risk of sexual harm to the child – Where there is some risk of psychological harm to the child in the mother’s household – Where the mother’s strongly entrenched views about the possibility of sexual abuse of the child in the father’s household create the risk of further allegations being made and the child being continually questioned to satisfy the mother’s need to have her fears allayed – Where the mother is the child’s primary attachment figure – Where the damage to the child of being moved into the father’s household and the distress that the mother would experience would likely be very much adverse to the child’s healthy development – Where the mother submits that will make an effort to support the child in his relationship with the father, particularly if she obtains professional assistance to do so – Child to live with the mother – Child to spend regular time with the father, after a short transition period 

    FAMILY LAW – CHILDREN – Parental Responsibility – Where it is in the best interests of the child for the parties to have equal shared parental responsibility

  • Thurston & Loomis and Ors [2016] FamCA 318

    09 May 2016

    FAMILY LAW – PROPERTY – Asset pool - Superannuation – Interim - Where there has been substantial non-compliance with relevant legislation and regulations – Where the parties have improperly withdrawn funds from the superannuation account – Where withdrawals treated as loans – Where there is expert evidence the loans should be repaid with interest calculated at the appropriate rate.

  • Doyle & Rusedski [2016] FamCA 317

    06 May 2016

    FAMILY LAW – CHILDREN – where consent orders were made in 2013 – review as a result of incidents including an assault – how to deal with conviction even though the facts were disputed – impact of conviction for assault on family violence finding.

    FAMILY LAW – CHILDREN – question of whether previously agreed time should be reduced.

    FAMILY LAW – CHILDREN – international travel – dealing with the question of unacceptable risk of flight.

  • Whitecross & Reilly (No 3) [2016] FamCA 316

    30 Mar 2016

    FAMILY LAW – Evidence objection - Ruling

  • Kouvades & Kouvades and Anor (No 2) [2016] FamCA 315

    05 May 2016

    FAMILY LAW – COSTS.

  • Grant & Aiden (No 6) [2016] FamCA 314

    29 Apr 2016

    FAMILY LAW – Adjournment of the concluding part of a contravention application where mother found to have breached.

    FAMILY LAW – Submissions had already been heard – no utility – application refused.

  • Grant & Aiden (No 5) [2016] FamCA 313

    29 Apr 2016

    FAMILY LAW – Contravention – compensatory time.

  • Greville & Greville and Anor [2016] FamCA 312

    20 Apr 2016

    FAMILY LAW – Proceedings issued inappropriately by a wife (through solicitors) where she was the subject of a VCAT Administration order – proceedings struck out.

    FAMILY LAW – COSTS.

  • Gallato & Cellini and Anor (No 2) [2016] FamCA 311

    06 Apr 2016

    FAMILY LAW – Injunctions and variations of extant orders to enable father to get his property.

  • Bendon & Bendon [2016] FamCA 310

    05 Apr 2016

    FAMILY LAW – Contempt – application flawed – summarily dismissed.

  • Akbar & Akbar [2016] FamCA 309

    06 Apr 2016

    FAMILY LAW – Adjournment refused.

  • Whitecross & Reilly (No 2) [2016] FamCA 308

    21 Apr 2016

    FAMILY LAW – COSTS

  • Vale & Vale [2016] FamCA 307

    06 May 2016

    FAMILY LAW – LEGAL PRACTITIONERS – Discharge – Where the mother seeks an order that the ICL be discharged – Whether the ICL has shown bias towards the mother and acted unprofessionally – Application dismissed.

  • Liang & Meng [2016] FamCA 306

    06 May 2016

    FAMILY LAW – PROPERTY – INTERIM PROCEEDINGS – Where the husband seeks the sale of four properties owned by the parties – Where the wife proposes that the husband utilise income generated from the parties’ business to service the mortgages on the four properties – Where there are currently significant arrears owed in respect of the mortgages – Where the Court finds merit in the husband’s proposal to sell two of the properties, which are presently tenanted – Orders made for the sale of the two tenanted properties – Orders made for the parties to share equally the mortgage repayments of the two remaining properties.

  • Thurston & Loomis and Anor [2016] FamCA 305

    05 May 2016

    FAMILY LAW – INJUNCTION – Whether the husband should be restrained from refinancing a debt owed by the Second Respondent company – Where the debt is secured by mortgage over real property owned by the company – Where there are extant orders allowing the refinancing of the debt – Where the extant orders prohibit increasing the company’s capital debt – Where the husband has previously refinanced the debt owed by the company allowing the company to access additional funds in the amount of GBP35,590.

  • Choudhary & McDonald [2016] FamCA 304

    05 May 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – EVIDENCE – Question as to whether s 69ZT(3) should be invoked and the provisions of the Evidence Act 1995 (Cth) applied – allegations of sexual and physical abuse against the father – allegations of emotional abuse against the mother – whether ‘exceptional circumstances’ – order that the rules of evidence apply 

    FAMILY LAW – PRACTICE AND PROCEDURE – Whether the respondent mother should be treated as the applicant for the purposes of the final hearing – where the mother has made serious allegations against the father – order that the mother be treated as the applicant for the purposes of the final hearing

    FAMILY LAW – CHILDREN – Family consultants – application by the mother for a replacement of the family consultant – where the family consultant proposed has previously prepared a s 11F report and a family report – where the mother alleges that the family consultant is biased – where the mother is also critical of other professionals involved in the matter – principles in s 69ZN of the Family Law Act 1975 (Cth) considered – impact upon the children of a new family consultant considered – order that the family consultant proposed prepare an undated family report

  • Bolton & Creasey [2016] FamCA 303

    03 May 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – whether proceedings transferred from the Federal Circuit Court should be transferred back to the Federal Circuit Court – considerations bearing on transfer between Courts – whether the matter was commenced in accordance with relevant protocol – protocol for division of work between the Family Court of Australia and the Federal Circuit Court – where court considers transfer on its own motion, not though application of party – where there is a failure to give reasons for judicial decision.

  • SCVG & Child Support Registrar (No 2) [2016] FamCA 302

    19 Feb 2016

    FAMILY LAW – STAY APPLICATION – Where there has been a previous stay order – Where an extension is requested – Where the Full Court is due to hear the matter within a short space of time – Where the stay is granted with conditions

  • Tothill & Crowther (No 2) [2016] FamCA 301

    29 Apr 2016

    FAMILY LAW – PRACTICE & PROCEDURE – affidavits – where the father seeks to rely upon an affidavit that was filed out of time – where consideration is given to prejudice – where the Court is prepared to rely upon the affidavit for the purposes of the contravention application.

    FAMILY LAW – CONTRAVENTION – where the father alleges that the mother did not facilitate handover of the child – where the father seeks an order which would include a term of imprisonment – where various counts are dismissed.

  • Grant & Aiden (No 4) [2016] FamCA 300

    15 Apr 2016

    FAMILY LAW – Recovery order issued in the absence of mother so that assessment can be made as to what is in a child’s best interests.

  • Grant & Aiden (No 3) [2016] FamCA 299

    22 Apr 2016

    FAMILY LAW – Parenting – where contravention found proved but mother not co-operating about having child assessed as to whether enforcement by compensatory time is appropriate – s 11F order made – mother’s applications not prosecuted because of her absence – struck out.

  • Shields and Anor & Putney [2016] FamCA 298

    13 Apr 2016

    .FAMILY LAW CHILDREN – Best interests – Interim – With whom a child spends time – Where there are three children aged three, five and eight – Where the applicant mother seeks orders allowing her to spend regular time with the children supervised by the applicant father or the paternal grandparents – Where the applicant father supports the applicant mother’s application – Where the respondent maternal grandmother opposes the application – Where the biological father of the eldest child is not a party to the proceedings but has been given notice – Where the mother attempted to commit suicide approximately five months ago – Where previous orders had been made providing for the children to live with the respondent maternal grandmother – Where a final Apprehended Violence Order is in place against the mother preventing her from having contact with the children for 12 months – Consideration of s 68P of the Family Law Act 1975 (Cth) – Orders made for the applicant mother to spend time with the children supervised by the paternal grandmother or grandfather – Where the paternal grandparents are required to enter into an undertaking with respect to their supervision obligations – Where the Court noted that certain Orders made by this Court are inconsistent with certain Apprehended Violence Orders and that to the extent of that inconsistency, those Apprehended Violence Orders are invalid.

  • Harris & Harris (No 2) [2016] FamCA 297

    15 Apr 2016

    FAMILY LAW – CONTRAVENTION – where the mother alleges the father contravened orders of the Court by encouraging the children to abuse, criticise or denigrate the mother – where the father denies the allegation – where the contravention is not established.

  • Andrews & Lewis [2016] FamCA 296

    03 May 2016

    FAMILY LAW – CHILDREN – where the children are 15 and 12 years old – parental responsibility with respect to education and healthcare issues – how often the youngest child spends time with the father.

  • Kyte & Yorke [2016] FamCA 295

    03 May 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Stay of proceedings – Where the Court ordered a partial stay of proceedings pending determination of the husband’s appeal

  • Tolbert & Tolbert [2016] FamCA 294

    26 Apr 2016

    .FAMILY LAW - INTERIM - CHILDREN

  • Raines & Grant [2016] FamCA 293

    09 Feb 2016

    FAMILY LAW – CHILDREN – With whom the child spends time – Where the mother has not permitted the child to have any further contact with the father since July 2014 – Where the child has previously been diagnosed with Autism Spectrum Disorder – Where the mother contends that the child would have difficulty “managing” a rei-introduction to the father – The father’s time with the child to be supported by therapeutic counselling and supervision.

  • Macey & Hamilton [2016] FamCA 292

    02 May 2016

    FAMILY LAW – CHILDREN – Best Interests – Where both parents acknowledge that the children have meaningful relationships with both of them and that there is no need to protect the children from physical or psychological harm – Where the parties agree the children should remain living with the mother – Discrete Issue – Where the mother wishes to relocate the children’s residence from D Town in the state of Victoria to J Town on the north coast of New South Wales, a distance of about 1,600 kilometres – Where the father opposes that relocation – Where the mother’s proposal makes weekend time between the children and the father impracticable and expensive – Where the mother did not appreciate the impact on the children of such relocation – Where the relationship between the children and the father would be diminished by a change of residence – Where the children would also lose contact with their paternal family – Children to remain living with the mother – Mother restrained from moving the residence of the children away from D Town – Children to spend substantial and significant time with the father

    FAMILY LAW – CHILDREN – Parental Responsibility – Where the parties agree they should share parental responsibility – Parties to have equal shared responsibility for the children

  • Nashi & Shona [2016] FamCA 291

    28 Apr 2016

    FAMILY LAW – CHILDREN – With whom the child lives – With whom the child spends time – Parental responsibility – Best interests of the child – No participation by the father – Issues of family violence – Issues of the father’s mental health – Unacceptable risk of harm – Need to protect the child from harm – Nature of the child’s relationship with each parent – Capacity of each parent to provide for the child’s needs – Attitude to the child and responsibilities of parenthood – Travel

    FAMILY LAW – PRACTICE AND PROCEDURE - Non-appearance of a party – Undefended final hearing.

  • Nikolakis & Nikolakis [2016] FamCA 290

    29 Apr 2016

    FAMILY LAW – CHILDREN – international travel – where mother has had no contact with subject children for some years – where children chosen to be representatives at overseas ceremony and battlefield tours - where mother has not responded to request for consent to issue Australian travel documents for children and remove children from airport watch list – where some urgency in application – where mother notified of application – where appropriate to hear application ex parte – where orders made as asked.

  • Stopford Molloy & Molloy [2016] FamCA 289

    22 Apr 2016

    FAMILY LAW – SPOUSAL MAINTENANCE – where the husband seeks that the amount be reduced – where the Court is satisfied that the wife has established a need for payment – where consideration is given to the husband’s capacity to pay and the parties change in circumstances – where the spousal maintenance provisions previously ordered are continued.

  • Jsing & Kong [2016] FamCA 288

    26 Apr 2016

    FAMILY LAW – NULLITY – Applicant for declaration – where respondent still married at time of subject marriage – declaration made.

    FAMILY LAW – PRACTICE AND PROCEDURE – Whether the respondent husband should be referred to the Commonwealth Attorney-General following a declaration of nullity on the grounds of bigamy – where referral appropriate.

  • Jasentu & Suwandaratne [2016] FamCA 287

    21 Apr 2016

    FAMILY LAW – PRACTICE AND PROCEDURE - Transfer of proceedings

  • Harris & Harris [2016] FamCA 286

    15 Apr 2016

    FAMILY LAW – CONTRAVENTION – where on the balance of probabilities the alleged contravention has not been established – where the four counts are dismissed.

  • Hall & Hall (No 3) [2016] FamCA 285

    22 Apr 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – stay of proceedings – where the husband seeks a stay until determination of the application for leave to appeal is determined – where the Court is not satisfied that there is significant prospect of there being an arguable case – where the basis for a stay is not established – where the application is dismissed.

  • Cotter & Mehri [2016] FamCA 284

    29 Apr 2016

    FAMILY LAW – CHILDREN – Interim proceedings – where allegations as to the mother’s mental health – where the mother has had two recent admissions to mental health facilities – where appropriate to frame orders protectively pending appropriate enquiry as to the mothers mental health – where factual disputes unable to be determined - discussion of general principles as to interim proceedings.

  • Atuk & Atuk [2016] FamCA 283

    29 Apr 2016

    FAMILY LAW – CHILDREN – Interim parenting – With whom the children live – With whom the children spend time – Best interests of the children – Principles for interim parenting applications – Meaningful relationships – Change in circumstances – Concerns in relation to the father’s parenting capacity – Children’s schooling

  • Harvey & Adams [2016] FamCA 282

    29 Apr 2016

    FAMILY LAW – CHILDREN – final orders – where the mother seeks sole parental responsibility for the children, that the children live with her and spend no time with the father – where the father seeks orders for gradually increasing time with the children – where there is a history of domestic violence and aggressive behaviour perpetrated by the father –where consideration is given to the detrimental effect time with the father would have on the mother’s emotional and psychological health – where the risk of psychological harm to the children outweighs the benefit of a meaningful relationship with the father with the father.

  • Graham & Kovacs [2016] FamCA 281

    29 Apr 2016

    FAMILY LAW – PRACTICE AND PROCEDURE – Abuse of process - vexatious proceeding orders pursuant to s102Q restraining father from instituting further proceedings without leave. 

    FAMILY LAW - PRACTICE AND PROCEDURE – Adjournments – Contravention proceedings and applications – Application by father to give evidence by telephone – Where Court not persuaded that the father’s assertions are sufficient to justify him being permitted to appear by telephone.

  • Grella & Jamieson [2016] FamCA 280

    22 Mar 2016

    FAMILY LAW – CHILDREN – INTERNATIONAL RELOCATION – where the mother seeks to relocate with the four year old child to Europe – where the father opposes the relocation – where, in the alternative, the mother seeks to relocate to Melbourne –where the child’s time with her father has been somewhat sporadic –whether there is a benefit to the child of a meaningful relationship with her father – whether the child’s relationship with her father can be maintained and developed if the child relocates to Europe – where the mother’s application to relocate the child internationally is refused – where there is no substantive evidence to support a relocation to Melbourne – where the mother’s application to relocate the child to live in Melbourne is refused –the child’s time with her father.

  • Maddigan & Geary [2016] FamCA 279

    28 Apr 2016

    FAMILY LAW – CHILDREN – Best Interests – Where two prior sets of final parenting orders were made between the parties with their consent – Where the children have meaningful relationships with both parents – Where the children do not require protection against any risk of harm through their exposure or subjection to family violence, sexual abuse or physical abuse – Where the only risk of harm confronting the children is the threat to their emotional security posed by their exposure to incessant parental conflict – Where the mother has little insight into how her anxiety adversely affects the children and compromises their relationships with the father – Where the mother failed to comply with court orders by withholding the children from the father on numerous occasions – Where if the children remain living with the mother they are in grave danger of losing their valuable relationships with the father – Where orders for the children to live with the mother and spend substantial and significant time with the father would probably fail, given that regime has failed twice already – Children to live with the father – Where, after an initial short embargo period, the children are to spend substantial and significant time with the mother 

    FAMILY LAW – CHILDREN – Parental Responsibility – Where the presumption of equal shared parental responsibility does not apply because the evidence proved both parties engaged in family violence at times in the past – Where neither the children nor the parties would be well served by such an order – Where the only feasible option is to allocate parental responsibility exclusively to the party with whom the children shall primarily live – Father to have sole parental responsibility

  • Dillon & Betts [2016] FamCA 278

    12 Apr 2016

    FAMILY LAW – Adjournment during trial refused

  • Cutler & Warwick and Anor [2016] FamCA 277

    07 Mar 2016

    FAMILY LAW – CHILD SUPPORT – INTERIM PROCEEDINGS – Application for a stay of the collection of arrears arising from a decision of the Administrative Appeals Tribunal to increase the father’s annual rate of child support – Application for a stay of the collection of any additional child support as a consequence of that decision – Where the father has not filed an appeal against the Tribunal’s decision – Where the parties have competing child support departure applications which are yet to be determined in these proceedings – Consideration ofsection 111C of the Child Support (Registration and Collection) Act 1988 (Cth) – Where the Court finds it appropriate to only stay the collection of arrears.

  • Vontek & Vontek [2016] FamCA 276

    14 Mar 2016

    FAMILY LAW – CHILDREN – Orders by Consent - that the parents have equal shared parental responsibility for the children 

    FAMILY LAW – CHILDREN – Orders by determination – that the children live with the wife and spend time with the husband as agreed or failing agreement as set out in the orders

    FAMILY LAW – PROPERTY – Superannuation – evaluation of contributions and future needs - just and equitable division of matrimonial property whereas the husband receives 33 per cent and the wife receives 67 per cent

  • Smoothe & Enmore [2016] FamCA 275

    28 Apr 2016

    FAMILY LAW – CHILDREN – CHILD ABUSE – Whether the father has sexually abused the child – Where the mother’s allegations are unsubstantiated – Where there are issues as to the mother’s credit – Whether the child should live with the father – Where the mother subjected the child to numerous photographs, videos and medical examinations.

  • Majid & Sunil [2016] FamCA 274

    27 Apr 2016

    FAMILY LAW – CHILDREN – Interim orders made pursuant to s 69ZR - Where the father seeks final parenting orders for gradually increasing periods of time with the children – Where the mother seeks sole parental responsibility and for the children to spend no time with the father – Where the mother seeks final parenting orders permitting her to relocate with the children to East Asia – Where the father has had no contact with the second child who was born after the parties separated – Where the mother makes allegations of family violence against the father – Where the mother alleges the father is involved in extremist activities, and has been involved in serious criminal activities – Where it is agreed that a determination is to be made in relation to the mother’s allegations to assist in making interim orders and making directions in relation to further evidence prior to determining the matter on a final basis –Where no findings can be made that the father has threatened or committed family violence or that the father has been involved in extremist activities – Where there is no unacceptable risk to the children seeing their father – Where orders are made for the father to have supervised time with the children at a Contact Centre – Where orders are made for the mother to file evidence in relation to her immigration status – Where the children’s names are placed on the Family Law Watchlist – Where orders are made preventing the removal of the children from Australia for a period of two years – Where orders are made for the appointment of a single expert and the preparation of a report.

  • Krane-Taylor & Krane-Taylor [2016] FamCA 273

    11 Apr 2016

    FAMILY LAW – CHILDREN – Interim applications – issue as to which schools the children should sit entrance and scholarship examinations for– high level of conflict between the parties – orders made for each party to file an application in relation to the selection of schools for the children 

    FAMILY LAW – INJUNCTIONS – application made by the husband to restrain the wife from disseminating medical, allied health, intellectual and cognitive information in relation to the children to third parties – where the wife has provided excerpts of the family report to third parties – interim orders made for a mutual restraint in the terms sought by the husband

  • Betts & Dillon [2016] FamCA 272

    28 Apr 2016

    FAMILY LAW – CHILDREN – sexual abuse allegations – where child makes a statement to mother but the allegation is otherwise not corroborated by any objective facts – where mother’s affidavit material prepared by her solicitor is vague and an incomplete picture – examination of surrounding material obtained by Independent Children’s Lawyer establishes no unacceptable risk.

    FAMILY LAW – Where second child makes an allegation but later vacillates as to whether or not it was a dream – no unacceptable risk.

    FAMILY LAW – Where mother relies upon psychologist who is counselling child but without proper factual foundation, that reinforces in the mind of the child that something happened.

    FAMILY LAW – Where family consultant expresses concern about mother’s psychological abuse of the children.

    FAMILY LAW – Contact regime ordered.

  • Milano & Milano [2016] FamCA 271

    27 Apr 2016

    FAMILY LAW – CHILDREN – relocation to United States – Significant difference in lifestyles, including aspiration – child better off with wife – wife better off in USA – discussion about marijuana use and its impact on parenting – query relevance of removing overnight time if drug screen show marijuana presence.

  • Demarco & Demarco [2016] FamCA 270

    27 Apr 2016

    FAMILY LAW – COSTS – Where final parenting orders were made by consent – Where the mother makes an application for costs against the father – Where the father seeks that the application be dismissed – Consideration of section 117(2A) of the Family Law Act 1975 (Cth) – Where the Court finds the circumstances do not justify a costs order being made in favour of the mother – Application dismissed.

  • Loomis & Thurston and Anor [2016] FamCA 269

    27 Apr 2016

    FAMILY LAW – EVIDENCE – Subpoena – Whether the husband should be granted leave to use subpoenaed material – Where the documents intended to be used to support appeals to the Full Court and applications to Legal Services Commission, Government and Police authorities – Where the subpoenaed documents not in evidence before the Court at first instance – Where husband would have to seek leave from the Full Court to adduce fresh evidence – Where the husband alleges the wife’s former solicitor has committed perjury, “disentitling conduct” and “professional misconduct” – Where the husband’s application designed to “harass, annoy and/or cause detriment” to the wife’s former solicitor – Application dismissed.

  • Bunson & Abbey [2016] FamCA 268

    12 Apr 2016

    FAMILY LAW – CHILDREN – Discrete issue – Where whether there has been sufficient change of circumstances since final parenting orders were made in November 2015 to justify reconsidering parenting orders – Where none of the matters raised by the mother represent a change of circumstance – Mother’s application dismissed

  • Re: Lincoln [2016] FamCA 267

    22 Apr 2016

    FAMILY LAW – CHILDREN – MEDICAL PROCEDURES – Where the applicants are parents of a child with gender dysphoria – Where the applicants seek a finding that the child is competent to authorise Stage 2 treatment – Where the child’s treating medical experts support the child commencing Stage 2 treatment and agree that the child is competent to make such a decision – Whether the child is Gillick competent – Where the Court finds the child is competent at law to make his own decision as to Stage 2 treatment.