Recent Family Law Cases in the Federal Circuit Court of Australia
Voss &Horner  FCCA 340 – 25/02/2015
Family Law – Parenting – international relocation for three year posting.
Wallace & Rankin  FCCA 107 – 13/02/2015
Family Law – De facto relationship– parties lived together for 13 years and have 2 children – respondent being the father of the two children says the relationship was an “association of convenience” and that he just lived with the mother so he could help raise the children –declaration that de facto relationship existed – property division – parties each work as [omitted] during the relationship – initial contribution by the respondent – offsetting contributions by the applicant – adjustment for section 90SF(3) factors – applicant to receive 52% – respondent 48%.
Sagan &Didion  FCCA 110 – 09/02/2015
Family Law – Parenting – parental responsibility – consideration as to whether parental responsibility is rebutted – difficulties in communication between the parents and determination by the father to withdraw from any relationship with the child if unable to have equal responsibility and equal time – consideration of objects and principles and their application in a situation where the father refuses to further participate in the proceedings or the life of the child – consideration of family report recommendations with regard to reduction in time with the father – assessment that it is appropriate to make final orders to provide settled and secure arrangements for the future parenting of the child.
Delahey & Garra–Marsh  FCCA 84 – 06/02/2015
Family Law – Property – binding financial agreement – application for declaration that financial agreement is void – application for declaration that financial agreement is of no force and effect – application to set aside financial agreement – application for property settlement – whether Respondent failed to make full and frank disclosure – where binding financial agreement not set aside – where application for property settlement incompetent.
Family Law – Spousal Maintenance – binding financial agreement relating to spousal maintenance – application for declaration that binding financial agreement is void – application for declaration that financial agreement is of no force and effect – application to set aside binding financial agreement – whether agreement signed under duress – where agreement held not to be void, voidable or unenforceable – where no unconscionable conduct established – where no fraud established – where agreement not set aside.
Family Law – Child Support– binding child support agreement – application for declaration that binding child support agreement is void – application for declaration that binding child support agreement is of no force and effect – application to set aside binding child support agreement – whether fraud or a failure to disclose material information – whether undue influence or duress – whether unconscionable or other conduct – whether exceptional circumstances relating to a party or a child – whether a party or a child will suffer hardship if the agreement is not set aside – application for lump sum child support – application for departure from administrative assessment of child support – where binding child support agreement not set aside.
Family Law – Words and Phrases – “exceptional circumstances” – “material change in circumstances” – whether “exceptional circumstances that have arisen” – imposes a higher threshold to establish than “material change in circumstances”.
Lincoln & Lincoln  FCCA 18 – 04/02/2015
Family Law – Child Support –father seeking to set aside binding child support agreement – father asserting financial calamity since agreement executed – mother asserting father willfully evading his obligations – whether arrears of child support should be discharged – father’s prospects of future income disputed – agreement set aside – arrears not discharged.
Amos & Toppings &Anor  FCCA 1800 – 03/02/2015
Family Law – Parenting –whether orders should be made for applicant to have time with both of two children when he is not the father of one.