Christmas rush time at the Family Court
It is November and thoughts turn to the Christmas countdown. It is also an important time for practitioners and their clients to consider the cut-off filing dates for the Family Court. Under the Family Court
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International Child Abduction Convention
The Child Protection Convention provides for international co-operation between convention countries to recognise protective measures for children. This includes recognition and enforcement of protection measures (such as court orders) made in one convention country in
International Child Protection Convention
The Child Protection Convention provides for international co-operation between convention countries to recognise protective measures for children. This includes recognition and enforcement of protection measures (such as court orders) made in one convention country in
Relocation to Pilbara from Perth – Mother wins appeal
In the case of Jurchenko & Foster [2014] FAMCAFC 127 (18 July 2014) The Full Court (Bryant CJ, Thackray & Duncanson JJ) upheld the appeal of a mother against Kaeser AM’s dismissal at first instance of her
WHY FINANCIAL AGREEMENTS UPON A RELATIONSHIP BREAKDOWN MUST BE DONE PROPERLY
When a marriage or de facto relationship breaks down irretrievably, one thing that needs to be done to enable the parties to move on with their lives is to divide up their assets. Certainly there
New Tax ruling could add costs to divorce financial settlements
Divorce and the associated financial settlements can be a difficult time both emotionally and economically at the best of times. Now under a new Australian Taxation Office (ATO) taxation ruling the process can be even
Settlements following a relationship breakdown
The sorting out of parenting arrangements and the distribution of property following the breakdown in a relationship is inevitably a stressful time, but can also end up being a time- consuming (and costly) process. Over
Wife’s savings relevant when considering all the children’s expenses – interim order set aside
In the case of Padnall & Padnall [2014] FamCAFC 145 (14 August) Strickland J, exercising appellate jurisdiction, permitted the husband’s appeal against an order made by Simpson FM (as his Honour then was) that he be required
Long distance defacto relationship held to exist – separation by email
In the case of Cadman & Hallett [2014] (11 August 2014) the Full Court of the Family Court dismissed an appeal by Mr Cadman against a decision made by the original trial judge as to the length
Australia not a `clearly inappropriate forum’ even though divorce order may not be recognised in India
In the case of Jasmit & Jasmit [2014] FCCA (12 June 2014) the issue revolved around whether Australia had jurisdiction to hear a divorce application. The parties’ had been married in India. The wife had returned to
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Legal Fees Added Back into the Asset Pool
Background In lengthy litigious proceedings parties can accumulate large legal fees. The question is can these legal fees form part
Binding Financial Agreements and Lawyer’s Certificates
Case of Hoult & Hoult [2013] FamCAFC 109 (26 July 2013) Appeal against a section 90B Binding Financial Agreement. Wife
Property distribution and representations made during marriage
Case of Bevan & Bevan [2013] FamCAFC 116. Husand took off in 1994 saying he was going “to the sea”,
Property distribution in de facto relationship case
Case of Abell & Vogel [2013] FamCA. The case concerned de facto partners who were in a relationship for less
Family company and allocation of debts in property distribution case
Case of Payne & Payne [2013] FCCA 794. Family company was in liquidation. Husband established new company and took customers