Mother’s Relocation from North Queensland to Brisbane Considered in Disabled Child’s Best Interests

Keywords: family law, parenting, child, relocation, special needs, autism, severely disabled, opposition, parenting capacity, best interest of the child, best interest of the children, s 60B, s 60CA, s 60CC, s 61DA Family Law Act. The case of Wright & Watson [2016] FCAA 127 (11 March 2016) was a family law hearing in the Federal Circuit Court of Australia.  The matter involved property and parenting.  The parties settled property matters

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Family Court Finds No Error in Treating Husband’s Lottery Winnings as Soul Contribution of the Husband

Keywords:  Property settlement; section 79 of the Family Law Act;  lottery winnings; contributions; Introduction In the matter of Elford [2016] FamCAFC45 (29 March 2016) the Full Court of the Family Court consisting of Bryant CJ, Murphy CJ, Murphy & Cronin JJ, heard the wife’s appeal against a property order made by Judge Roberts that the husband must pay the wife a sum of $51,000, an amount which, combined with the

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Mother Granted Recovery Order for Children after Father Unilaterally Relocated to US in Shared Parental Responsibility Matter

Introduction In the case of Bondelmonte [2016] FamCAFC 48 (8 April 2016) the Full Court consisting of Ryan, Aldridge and Le Poer Trench JJ heard a father’s appeal against orders made by Watts J in a relocation case involving two boys. The matter considered what should be regarded as the ‘primary’ and ‘additional considerations’ of the children pursuant to s 60 CC (2) and (3) of the Family Law Act 1975 (Cth) (“the

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WA Family Court Orders Curative Treatment for Child with Cancer

Keywords: children; sick; cancer; brain tumour; medical treatment; medical intervention; alternative therapies; naturopathy; parental power; parent’s wishes; parens patriae; best interests of a child; Marion’s case; good prospect of long term cure; palliative care; airport watch list.   The highly publicised case of Director Clinical Services, Child & Adolescent Health Services and Kisko & Anor [2016] FCWA 19 (24 March 2016) was heard in the Family Court of Western Australia.

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Court Grants Leave to Unsecured Creditor of Bankrupt Estate to Defend Property Adjustment Claim by Wife

In Vincent & Anor [2016] FCCA 227 (12 February 2016) Judge Riethmuller dealt with a situation where after an 11 year marriage the wife applied for a property order after the husband was made bankrupt. The wife sought to pursue her claim against the bankrupt estate. The bankrupt estate consisted of $659,704, including superannuation with unsecured creditors of $667,847. The intervenor in the case sought leave to continue to participate in the proceedings

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New Zealand Found by Australian Family Court to be “Appropriate Forum” to Determine Trans-Tasman Family Law Property Dispute

In the recent decision of the Full Court of the Family Court in Nevill [2016] FamCAFC 41 (17 March 2016) May, Ryan & Murphy JJ upheld an order made by Kent J staying the wife’s property proceedings, initially brought in the Federal Circuit Court in Australia. Kent J imposed the stay due to holding, on the facts, that the High Court of New Zealand was “the more appropriate court” for the purposes

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Court Adjusts Contributions in a Long-Term De Facto Relationship where Financial Agreement Ineffective

Keywords: property; settlement; de facto; section 75(2); section 79; initial contribution; financial contribution; other factors. The case of Marks & Xander [2016] FCCA 282 (15 February 2016), was a property settlement matter between separated de facto parties which was heard by the Federal Circuit Court of Australia. Background The parties met about March 2000 and entered into a de facto relationship.  They remained together for about 13 and a half

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Court Rules $90,000 Withdrawal Not be a “Add Back” as Wife Naive Rather than Reckless

In the recent case of Martin & Wilson [2016] FCCA 235 (11 February 2016), Judge Phipps dealt with an 11 year de facto relationship where the respondent (Ms Wilson) withdrew $90,000 of superannuation at the commencement of the litigation but lost it as part of a failed business venture. The remaining asset pool included a block of land ($80,000) and Mr Martin’s superannuation ($50,000). After citing case law, Judge Phipps considered in this case that …

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Court Determines Health Issues Only a Factor in Property Proceedings when Life Expectancy Determinable

Keywords: property; future needs; spousal maintenance; section 75(2); illness; life expectancy; renal failure; diabetes. The case of Fontana & Fontana [2016] FamCAFC 11 (9 February 2016), was an appeal to the Full Court of the Family Court of Australia by the husband from an earlier hearing of the Family Court of Australia. In the earlier hearing heard by Judge Collier (“trial judge”), his Honour made findings on 23 July 2013

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Adjustment in Favour of Wife in Property Proceedings Notwithstanding the Husband’s Significant Financial Contributions

Key Words:  property proceedings; contributions; section 75(2) of the Family Law Act; In the recent Family Court of Western Australia case of Telfer [2016] FCWA 2 (4 January 2016), Walters J had to consider a seven year marriage where there was two children (aged 6 and 8) and $4.25 million in assets. The wife had made an initial contribution of $168,000 and the husband’s contribution was $960,000. Post-separation contributions were also included.

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