Category Archive

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: 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: Hutcheson & Meli [2016] FamCAFC 258 – international relocation – family law Hutcheson & Meli [2016] FamCAFC 258 (7 December 2016) This is an appeal to the Full Court of the Family Court of Australia involving international relocation.  The mother sought to relocate the residence of the child to the United Kingdom. The case involved issues of mental … Read More

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

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 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

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 (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

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

Sellink & Sellink [2017] FamCAFC 30 (1 March 2017) This case note considers the case of Sellink & Sellink and the discretion by the Court when considering whether or not to allow the reopening of an Appeal in circumstances were it had been deemed abandoned. Legislation Family Law Act 1975 (Cth), s 117(2A) Family Law Rules 2004 (Cth), rr 22.09, 22.21 … Read More

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

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