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Property settlement application dismissed

Property settlement application dismissed Fitch & Lewis Conclusion The parties’ relationship was conducted at the Husband’s homes in Sydney for the most part, although…
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Confidential information and change of solicitors

Confidential information and change of solicitors Redden & Pennington Resolution The court must consider two discrete but inter-related issues in resolving the parties’ competing…
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Mental health impact on conduct of proceedings

Mental health impact on conduct of proceedings Ladley & Farwell Mental health I find that the evidence supports that the mother has unresolved and…
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Mental Health and Sole Parental Responsibility

Mental Health and Sole Parental Responsibility Douglass & Douglass Section 60CC(3)(m) any other fact or circumstance that the court thinks is relevant The Husband’s…
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Unacceptable Risk of Harm

Unacceptable Risk of Harm Pepper & Rawlings Unacceptable Risk of Harm It was submitted on behalf of the mother that the Court needed to…
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Should you have a “pre-nup”

“Pre-nup” Most people have heard of the word “pre-nup” from American media. It isn’t something that we have had in Australia until about 15…
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Our Children Australia

Our Children Australia Children and co-parenting communications – Our Children Australia  is a unique communication portal that enables parents to appropriately communicate with each other….
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Bankruptcy trustee for husband fails in bid to claim more from wife

Bankruptcy trustee for husband fails in bid to claim more from wife Weston v McAuley Mrs McAuley’s contentions Mrs McAuley defends this case on…
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Supervision request and recommendation rejected

Supervision request and recommendation rejected Goel & Darsha Findings and Considerations X is yet an infant. I am easily able to find that his…
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Trustee of sale proceeds breaches duties

Trustee of sale proceeds breaches duties Laurens & Laurens (No.2) There are a number of concerning aspects of Ms Lanham’s conduct in these proceedings….
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Appeal against “rejection” of family report fails

Appeal against “rejection” of family report fails Reeves & Grinter THE APPEAL Three issues are raised in the grounds of appeal. The first issue…
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Official Trustee has no standing to set aside binding financial agreement

Official Trustee has no standing to set aside binding financial agreement Official Trustee in Bankruptcy & Galanis and Anor The construction of definition (eab)…
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Secretary did not have confidential information of other party

Secretary did not have confidential information of other party Huda & Huda and Anor APPLICABLE PRINCIPLES It is a well-known principle that lawyers must…
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Children’s emotional needs not met by change of residence

Children’s emotional needs not met by change of residence Gates & Shellard Conclusion The court is faced in this case with two unpalatable options….
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Threats prompt interim name change

Threats prompt interim name change Lawler & Salmon These reasons for judgment were delivered orally. They have been corrected from the transcript. Grammatical errors…
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Relocation response to family violence

Relocation response to family violence Maddison & Maddison Legal Principles Applicable Although this is the interim hearing stage, the same principles apply at the…
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Undefended property proceedings and legal principles

Undefended property proceedings and legal principles Jefferson & Manley The nature of undefended property proceedings It is a significant thing for proceedings to be…
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Oral evidence of Family Consultant tested

Oral evidence of Family Consultant tested Morrow & Moseley Family Consultant’s oral evidence Dr Alexander identified the areas of Ms J’s report which she…
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Difficulties with out of time application overcome

Difficulties with out of time application overcome Yule & Manners The respondent here argues that the applicant’s case is sparse in particularised material in…
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Pornography addiction does not result in supervision

Pornography addiction does not result in supervision Nunes & Nunes Evidence Dr J, Psychiatrist’s Reports The father reported, inter alia, that during the marriage…
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Alignment of child with Mother

Alignment of child with Mother Beardsley & Shelford The Parents It is accepted by both parents that there is enormous conflict between them concerning…
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High conflict leading children to make allegations

High conflict leading children to make allegations Vaughan & Vaughan Are the children at risk of physical or emotional harm in the care of…
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No parenting orders in these children’s best interests

No parenting orders in these children’s best interests Niven & Ralph SUMMARY – Mother and father engaged in lengthy litigation for a period of…
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Animosity not a significant change of circumstance

Animosity is not a significant change of circumstance Alford & Clayton Relevant Law The definitive statement of the relevant principle comes from Evatt CJ…
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