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Family Law Swan Hill

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Wife spends $137,421 of husbands superannuation payment without his knowledge

  • Post author:admin
  • Post published:July 7, 2014
  • Post category:Family Law

Court sets financial agreement aside where wife used funds which was husband’s “separate property” In Gregory [2014] FCCA 106 (24 January 2014, published June 2014) Judge Baumann considered whether a…

Continue ReadingWife spends $137,421 of husbands superannuation payment without his knowledge

Eldest children returned to the father after mother decides to move 1300km away permanently.

  • Post author:admin
  • Post published:July 3, 2014
  • Post category:Family Law

Unilateral relocation interstate for urgent medical treatment for mother who then decided to stay away permanently. How devastating it is for the parent who find that the other parent decides…

Continue ReadingEldest children returned to the father after mother decides to move 1300km away permanently.

De facto father tries to frustrate a property settlement by going bankrupt. How would you feel?

  • Post author:admin
  • Post published:July 3, 2014
  • Post category:Family Law

De facto husband entered into a personal insolvency agreement to frustrate the effect of a partial property settlement order – Family Court of WA considers interaction between Bankruptcy Act 1966…

Continue ReadingDe facto father tries to frustrate a property settlement by going bankrupt. How would you feel?

Court overturns Financial Agreement signed 2 days before marriage

  • Post author:admin
  • Post published:June 16, 2014
  • Post category:Family Law

Court sets aside s 90B agreement where it was signed 2 days before the wedding – Duress, undue influence and unconscionable conduct established In the case of Parkes [2014] FCCA…

Continue ReadingCourt overturns Financial Agreement signed 2 days before marriage

Spousal maintenance

  • Post author:admin
  • Post published:May 27, 2014
  • Post category:Family Law

Interim spousal maintenance – Applicant wife working part-time and caring for two children – Respondent had capacity to pay, where he had redrawn loan facility and controlled a trust –…

Continue ReadingSpousal maintenance

Children – No time to the father – Anxiety of the mother considered

  • Post author:admin
  • Post published:May 20, 2014
  • Post category:Family Law

Children – Court not satisfied that sexual abuse occurred but where mother’s belief of risk was reasonably held – No time to the father – Anxiety of the mother considered…

Continue ReadingChildren – No time to the father – Anxiety of the mother considered

Self harming de facto partner restrained from being present during childrens time with father

  • Post author:admin
  • Post published:May 13, 2014
  • Post category:Family Law

Children – Father’s self-harming de facto partner restrained from being present during children’s time with father – Restraint granted despite evidence of psychiatrist and family report writer that de facto…

Continue ReadingSelf harming de facto partner restrained from being present during childrens time with father

Property Law – Full Court upholds appeal as to assessment of post-separation contributions

  • Post author:admin
  • Post published:May 13, 2014
  • Post category:Family Law

Property Law Dispute Full Court upholds appeal as to assessment of post-separation contributions where parties had been separated for 10 years – Disparity between wife’s Newstart allowance (and child’s board)…

Continue ReadingProperty Law – Full Court upholds appeal as to assessment of post-separation contributions

Fathers enrollment of child in Autism Intervention Program ordered

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

Children – Full Court considers whether an order made at an interim hearing for the enrolment of a child in a school was interim or final – Procedural fairness. Parents…

Continue ReadingFathers enrollment of child in Autism Intervention Program ordered

Order for Sole Parental Responsibility in preference to Equal Shared Parental Responsibility

  • Post author:admin
  • Post published:July 31, 2013
  • Post category:Family Law

Communication is the key factor in ensuring the workability of parenting orders especially in regards to sharing parental responsibility. Most parents consider that when making long terms decisions about children…

Continue ReadingOrder for Sole Parental Responsibility in preference to Equal Shared Parental Responsibility
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