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Family Law

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Appointment of family report writer Terms of reference v brief to consider s 60CC matters

  • Post author:admin
  • Post published:July 22, 2013
  • Post category:Family Law

In Hardwick [2013] FCWA 57 (20 May 2013) the parties disagreed over the appointment of a single expert witness to provide a report in a parenting case and the terms…

Continue ReadingAppointment of family report writer Terms of reference v brief to consider s 60CC matters

Relocation Order set aside on Appeal “Abusive Father” “Court rejection of Family Report”

  • Post author:admin
  • Post published:June 6, 2013
  • Post category:Family Law

In Richards & Parsons [2013] FamCAFC 74 (7 May 2013) the mother was twice assaulted by the father during a seven month cohabitation in Canberra. The father was in both…

Continue ReadingRelocation Order set aside on Appeal “Abusive Father” “Court rejection of Family Report”

Evidence Act 1995 applied in exceptional circumstances of alleged sexual abuse of child

  • Post author:admin
  • Post published:May 21, 2013
  • Post category:Family Law

Children – Evidence Act 1995 (Cth) to apply in the “exceptional circumstances” of alleged sexual abuse of a child under s 69ZT(3) In Garman & Jackson [2013] FamCA 54 (21…

Continue ReadingEvidence Act 1995 applied in exceptional circumstances of alleged sexual abuse of child

Husbands high earnings throughout long marriage not allowed as special contributions

  • Post author:admin
  • Post published:May 17, 2013
  • Post category:Family Law

Property – Husband’s high earnings throughout long marriage not allowed as “special contributions” In Newman [2013] FamCA 37 (30 January 2013) the husband argued that his high earnings throughout the…

Continue ReadingHusbands high earnings throughout long marriage not allowed as special contributions

Cohabitation agreement under Property Law Act 1974 QLD not recognised

  • Post author:admin
  • Post published:May 16, 2013
  • Post category:Family Law

Property – Cohabitation agreement under Property Law Act 1974 (Qld) was not a recognised agreement or financial agreement – Nor a bar to consent orders n Kevin & Trembath [2012]…

Continue ReadingCohabitation agreement under Property Law Act 1974 QLD not recognised

Husbands Inheritances represented almost half of large asset pool

  • Post author:admin
  • Post published:May 13, 2013
  • Post category:Family Law

Property – Husband’s inheritances represented 43.5% of $2.7m pool – Long marriage – Contributions assessed 70/30 in his favour – Adjusted for wife’s limited employment opportunities In Dinsmore [2012] FamCA…

Continue ReadingHusbands Inheritances represented almost half of large asset pool

Hearsay account as to mothers alcohol use given little weight

  • Post author:admin
  • Post published:May 9, 2013
  • Post category:Family Law

Children – Father’s hearsay account of housekeeper’s statements as to mother’s alcohol use admitted but given little weight as that evidence was not adduced from that potential witness In Mabart…

Continue ReadingHearsay account as to mothers alcohol use given little weight

Declaration that farm held upon trust for father as life tenant and for son in remainder

  • Post author:admin
  • Post published:May 8, 2013
  • Post category:Family Law

Property – Equitable estoppel – Declaration that farm held upon trust for father as life tenant and for son in remainder In Hampton & Farley and Ors [2013] FamCA 213…

Continue ReadingDeclaration that farm held upon trust for father as life tenant and for son in remainder

Child with Asperges allowed to travel to US

  • Post author:admin
  • Post published:May 7, 2013
  • Post category:Family Law

Child with Asperger’s syndrome allowed to travel to US provided $8,000 cash bond paid Justice Watts said at paras 47-51: “In Line & Line (1997) FLC 92-729 the Full Court…

Continue ReadingChild with Asperges allowed to travel to US

Maternal Grandmothers application for parenting orders dismissed

  • Post author:admin
  • Post published:May 7, 2013
  • Post category:Family Law

Children – Maternal grandmother’s application for parenting orders dismissed due to her lack of insight into children’s needs – Grandparent cases reviewed In Danes & Anor [2013] FMCAfam 281 (28…

Continue ReadingMaternal Grandmothers application for parenting orders dismissed
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