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Apprehended bias not established

Apprehended bias not established Nunes & Nunes REASONS FOR JUDGMENT The Applicant mother filed an Application in a Case on 10 October 2016 seeking…
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Vexatious litigant order prevents future proceedings

Vexatious litigant order prevents future proceedings Mealon & Mealon Conclusion The above discussion demonstrates that the wife has filed a number of proceedings in…
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Stay order for child support assessment dismissed

Stay order for child support assessment dismissed Strong & Strong & Anor Background The applicant and the first respondent are parents of two young…
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Superannuation split rejected by parties

Superannuation split rejected by parties Moffatt & Dobbs Contributions – superannuation Each party submitted that there should not be a superannuation split. However, neither…
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Work in progress is not property

Work in progress is not property Moffatt & Dobbs The wife asserted that the husband’s (omitted) Credit Union account balance should be recorded as…
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Submissions regarding hurt on duty

Submissions regarding hurt on duty pension Jasper & Thorp The parties submissions Both counsel made submissions about the appropriate outcome if the fund was…
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Confidentiality of communications in family dispute resolution

Confidentiality of communications in family dispute resolution FAMILY LAW ACT 1975 – SECT 10H Confidentiality of communications in family dispute resolution (1)  A family…
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Seizure risk to child welfare

Seizure risk to child welfare considered Clough & Light What I am tasked to do here is balance this child’s right to a relationship…
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Redemption of superannuation during proceedings

Redemption of superannuation during proceedings Jasper & Thorp The effect of the redemption The difficulty of course is that the husband no longer has…
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Assets of a lesser value disregarded

Assets of a lesser value disregarded Noakes & Fadden Assets of lesser value In Table K of his case outline the husband set out…
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Contributions to hurt on duty pension

Contributions to hurt on duty pension Jasper & Thorp Conclusion about contributions to the s.10 pension as it stood prior to 20 June 2015…
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Hurt on duty pension examined

Hurt on duty pension examined Jasper & Thorp Pool 3 – the husband’s s.10 pension By far the most difficult task is assessing contributions…
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Contributions by husband greater than wife

Contributions by husband greater than wife Drake & Drake Assessment of contributions Although the husband had somewhere between $193,565 or $151,565 coming into the…
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Hardship not established

Hardship not established Shale & Woolley Although the Court does not need to consider the issue of discretion as it has made a finding…
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Protocol for the division of work

Protocol for the division of work The Chief Justice and the Chief Judge have published this Protocol for the guidance of the legal profession…
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Family consultants and family reports

Family consultants and family reports This fact sheet provides information for people who have not reached an agreement about their child/ren, who are involved…
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Children previously split reunified by Court order

Children previously split reunified by Court order Smythe & Banks CHILDREN – CONCLUSIONS AND ORDERS The presumption of equal shared parental responsibility does not…
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Mental health issues across entire family

Mental health issues across entire family Prescott & Sanderson Mental health issues across entire family DISCUSSION This is a complex and distressing case. C…
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Birth of child and setting aside agreement

Birth of child and setting aside agreement Fewster & Drake Can the birth of a child, of itself, engage s 90K(1)(d)? (Ground 1.1) The…
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Parallel lives after separation

Parallel lives after separation SUMMARY – Applicant seeks declaration that parties defacto relationship existed prior to 1 March 2009 – Application dismissed – court accepts…
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Meaningful does not mean optimal

Meaningful does not mean optimal Rollins & Van Hummell The benefit to the child of having a meaningful relationship with both of the child’s…
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Counselling when married less than two years

Counselling when married less than two years Married less than two years and want to apply for divorce? This explains what you need to…
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Pre-action procedure for financial cases

Pre-action procedure for financial cases This brochure provides information for people considering applying to the Family Court for financial orders. In particular, it provides…
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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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