Family Law Case Note – The issuing of passports without a parent’s consent in a family law matter: Mosman & Taylor Mosman [2018] FamCA 842 (19 October 2018)

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Mosman & Taylor Mosman [2018] FamCA 842 (19 October 2018)     Summary This case note concerns an application for the issuing of passports for children and the subsequent proposal for international travel for the children.   Cases and referenced Australian Passports Act 2005 s 11 Family Law Act 1975 (Cth) ss 60CC, 61DA, 64B, 67ZC Withers v Russell & … Read More

Family Law Case Note – Disqualification of Judge Application in a Family Law Parenting Matter: Vine & Vine [2018] FamCAFC 168 (28 August 2018)

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Vine & Vine [2018] FamCAFC 168 (28 August 2018)   Summary This case note concerns a father who appealed against the trial judge’s refusal to disqualify himself from continuing to hear proceedings.  However, the substantive proceedings were transferred to to the Federal Circuit Court of Australia and there were questions regarding whether the appeal was consequently futile. His Honour considered … Read More

Family Law Case Note: Woodby-Chatterjee & Chatterjee [2018] FamCAFC 182 (19 September 2018)

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Woodby-Chatterjee & Chatterjee [2018] FamCAFC 182 (19 September 2018)   This was an Application in an Appeal, heard by the Appellate jurisdiction of the Family Court of Australia heard in Sydney on 6 September 2018 before Justice Aldridge.  The judgment was delivered on 19 September 2018.   The Applicant sought that the respondent provide a copy of the transcript of … Read More

Family Court Case Note: Matenson [2018] FamCAFC 133

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Family Law Case Note: Reasons for Judgment, Proper Procedure in Interim Hearings, Busy Duty Lists Matenson [2018] FamCAFC 133. Sitting in the appellate jurisdiction of the Family Court of Australia, Murphy J heard the appeal in the matter of Matenson [2018] FamCAFC 133. The appeal was made by a Father in a parenting case.  The appeal was against the primary … Read More

Federal Circuit Court – Family Law – Recent Decisions – May 2018

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Hoskins & Hoskins [2017] FCCA 1125 Published date: 18 May 2018 FAMILY LAW – Property – long marriage – litigation guardian for applicant – applicant’s inheritance – contributions of parties – monies from applicant’s father – applicant’s abuse of drugs and alcohol over years – lengthy period since separation – s.75(2) considerations equal – orders just and equitable. Plater & … Read More

Family Law Case Note: Jabbar & Gade [2017] FamCAFC 106 (7 June 2017): Family Law Appeal, Application to Adduce further Evidence, and family law cost applications

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Family Law Case Note: Jabbar & Gade [2017] FamCAFC 106 (7 June 2017)   Summary This matter involved four appeals to the Full Court of the Family Court being: An appeal against parenting orders; An appeal against section 68B injunctions; An appeal against dismissal of contravention application; .  The father had applied to the Federal Circuit Court for a copy … Read More

Family Law Case Note: Pawley & Pawley [2017] FamCAFC 103 (2 June 2017) – Appeal, Cross-Appeal, Application for Expedition of Hearing

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Family Law Case Note: Pawley & Pawley [2017] FamCAFC 103 (2 June 2017) Summary This family law parenting matter involved an Application in an Appeal for expedition of the hearing of the Appeal. The Appeal related to an appeal against interim family law parenting orders and against a dismissal of a stay application of interim family law parenting orders. The … Read More

Case Note: Bebbington & Bebbington [2017] FamCAFC 31 – power to make property orders and leave to appeal

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Case Note: Bebbington & Bebbington [2017] FamCAFC 31 (8 March 2017) This appeal case involves the contention of whether or not the court was was functus officio and had no power to make those orders – being orders varying the final property order. The Court considered whether the orders were machinery or consequential in nature or whether they affected the … Read More

Case Note: Rankin & Rankin [2017] FamCAFC 29

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Rankin & Rankin [2017] FamCAFC 29 (2 March 2017)   This was an appeal relating to order made in relation to property, lawyers costs, spousal maintenance, child support, school expenses and superannuation. The issues included: where personal responsibility for debts are conceded and excluded from the table of assets and liabilities order for payment to the lawyers prior to the property … Read More

Extension of Time – to File Appeal Books in Family Law Matters

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Extension of Time – to File Appeal Books The following are two cases of the Full Court of the Family Court involving applications for reinstatement in circumstances where the appellant failed to file a draft appeal index. Both the decisions were handed down in February 2017. They both refer to rule 22.13 of the Family Law Rules which apply if … Read More

Threatening to run up legal bills/legal fees for the other party; Costs ordered; Conduct during the proceedings of the respondent considered – Family Law Case Note: Bilson & Geer (Costs) [2017] FamCAFC 7

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Case Note: Bilson & Geer (Costs) [2017] FamCAFC 7 (6 February 2017) Threatening to run up legal bills/legal fees for the other party; Costs ordered and conduct during the proceeds of the respondent considered; FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – COSTS – Where the applicant seeks her costs of an abandoned appeal – Where the respondent’s … Read More

Case Note: Grella & Jamieson [2017] FamCAFC 21 – International Relocation and Family Law Parenting Orders

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Case Note: Grella & Jamieson [2017] FamCAFC 21 (20 February 2017)   This is a case involving an application for international relocation.  The mother sought to relocate the nearly five year old child to Europe. The trial judge did not permit the relocation and the mother appealed those orders and contended that the consideration of s 60CC(2)(a) and the benefit … Read More

Cannabis / Marijuana Use / Drug Use in Parenting Matters; Evidence of the Family Consultant; Evidence of the Family Report ; Delay – Family Law Case Note: Barrett & Barrett and Anor [2017] FamCAFC 4

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Case Note: Barrett & Barrett and Anor [2017] FamCAFC 4 (3 February 2017) Matters addressed include: Cannabis / Marijuana Use ; Evidence of the Family Consultant; Evidence of the Family Report ; Delay in Judgment of itself is not basis for appeal; not incumbent on a trial judge to address every argument or refer to every matter raised by the … Read More

Wastage Arguments, Taxation Liabilities and Post separation Mortgage payments in Property Cases – Case Note: Charles & Charles

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Wastage Arguments, Taxation Liabilities and Post separation Mortgage payments in Property Cases  Case Note:  Charles & Charles [2017] FamCAFC 3 (12 January 2017) FAMILY LAW – APPEAL – PROPERTY – WASTAGE – COSTS Whether the primary judge erred her determination: Wastage arguments by including and/or not including certain items in the non-superannuation asset pool in her overall assessment of contributions in … Read More

International Relocation Case Note: Morrall & Olmos [2017] FamCAFC 2

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Case Note:   Morrall & Olmos [2017] FamCAFC 2 (12 January 2017) FAMILY LAW – APPEAL – CHILDREN – RELOCATION – Father appeals against final parenting orders which permit the mother to relocate the child to Germany FAMILY LAW – COSTS – Both appeals dismissed.  Appellant wholly unsuccessful.  Order for costs considered to impede the father’s ability to meet travel … Read More