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Death of spouse – property settlement proceedings too late

Property settlement proceedings cannot be filed after death of spouse Simonds (deceased) & Coyle [2019] FamCAFC 47 (26 March 2019) THE APPEAL The principal…
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Rectification of BFA upheld

Rectification of BFA upheld Rectification of the agreement (Grounds 1, 2, 4 and 5) The husband contended the Agreement’s rectification by the primary judge…
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Kennon claims are difficult to maintain

Kennon claims are difficult to maintain Keating & Keating [2019] FamCAFC 46 (21 March 2019) Turning then to Kennon, the rationale for a contributions adjustment as…
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Family Report Process

What is a family report and how is it used? The court or an independent children’s lawyer (if one has been appointed) may organise…
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DFRDB, MSBS and ADF Super

DFRDB, MSBS and ADF Superannuation Key points: DFRDB super closed to new members as of 1 October 1991; MSBS super closed to new members…
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Baptism Order found to be “procedurally unfair”

Baptism Order found to be “procedurally unfair” Was the order for the baptism of the child procedurally unfair? (Ground 3) As we have seen,…
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Briginshaw test and what it means for family law

Briginshaw test and what it means for family law “There is no mathematical scale according to which degrees of certainty of intellectual conviction can…
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Jones v Dunkel Rule – what does it mean?

Jones v Dunkel Rule – what does it mean? After the judge had finished summing up a juryman asked a direct question seeking further…
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Overseas divorce – property settlement time limit does not apply

Overseas divorce – property settlement time limit does not apply CONCLUSIONS In my view, the legislation is clear. “Divorce order” relates to a divorce…
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Siblings reunited to live with their father

Siblings reunited – although siblings living separately to each other at time of final hearing, their best interests lay in living together with their…
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Making decisions for your children when you separate

Making decisions for your children when you separate Sometimes parents feel that it is best for children to make up their own minds about…
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Messy separations – how to avoid hurting the children

Messy separations – how to avoid hurting the children Things to avoid Children are usually very loyal and trusting so it is important to…
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Family report recommendations weighed heavily by Court

Pierce & Percival Family Report Recommendations Family Report Writer The family report was Exhibit A. The family consultant who prepared the family report was…
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Relocation order sought by Father that Mother and children move from Queensland where they have been living for 12 months to New South Wales

Relocation order sought by Father that Mother and children move from Queensland where they have been living for 12 months to New South Wales…
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Relocation cases are determined according to children’s best interests

Relocation cases are determined according to children’s best interests Relocation cases: Parenting proceedings involving relocation are to be determined in the same manner in…
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Family Contact Service evidence assists father gaining more time with children

FAMILY CONTACT SERVICE EVIDENCE ASSISTS FATHER IN GAINING MORE TIME WITH CHILDREN REASONS FOR JUDGMENT (delivered ex tempore) Orders were made by consent on…
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Children, parental responsibility and the Family Law Act

Children, parental responsibility and the Family Law Act Children: When parents of a child under 18 separate, they both have parental responsibility for the…
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Child Support variation refused despite Payee’s withholding of children

Child Support variation refused despite Payee’s withholding of children REASONS FOR JUDGMENT The Applicant, whom has previously been assessed to pay child support in…
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Costs of children 2018

Costs of the Children Table 2018 Costs of children: What is the maximum amount of child support payable by: A payer who spends little…
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Prenuptial agreement disregarded in property settlement

Prenuptial agreement disregarded in property settlement Silcox & Silcox The “Prenuptial Agreement” As set out previously in this judgment the parties signed a prenuptial…
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Spousal maintenance capacity unclear

Spousal maintenance capacity unclear Stenner & Stenner (No 2) [2016] FamCA 146 (9 March 2016) Spousal maintenance – The following is annotated. For full…
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Spousal maintenance and high needs child

Tipping & Barrington Spousal maintenance and high needs child Spousal Maintenance (interim) and general observations from the Court as to the costs of protracted…
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Spousal maintenance sought 4 years later

Spousal maintenance sought 4 years later Hackford & Hackford Spousal maintenance – what are the wife’s reasonable needs? And to what extent can she…
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Application to discharge spousal maintenance dismissed

Application to discharge spousal maintenance dismissed Ezard & Ezard Application to discharge existing Court Order and arrears I turn now to consider the husband’s…
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