“Unaccountable” – an article by the ABC

Unaccountable In the family law system psychologists, psychiatrists and social workers can give evidence and impact cases, but a review has found no-one is keeping them in check. Exclusive by Josh Robertson, Emily Clark and Heidi Davoren Updated 14 Jun 2019, 9:09am...

Substance abuse means new care for child

Substance abuse means new care for child LOCKHARDT & SEARLE Substance abuse – Consideration The court received substantial assistance from counsel for the applicant, respondent and ICL respectively.  The orders as sought by the father and as made on 23 May...

Surname change to hyphenation for young child

Surname change to hyphenation for young child PORRITT & DUNFORD Surname change – The law I now turn to the law. As noted by the Full Court in Lysons & Lysons (2019) FamCAFC 29 at 22 “it is entirely correct to say that orders as to a child’s name are...

Offsetting occupation and expenses

Offsetting occupation and expenses The Wife’s occupation of the matrimonial home and maintenance payments to the Husband The Husband sought that an adjustment by means of an addback be made for the fact that the Wife has had the use of the former matrimonial home...

Add backs – how are these treated?

Add backs – how are these treated? WHITE & WHITE [2019] FamCA 13 Add backs – The Husband’s removal of funds The Wife asserts that the Husband, by removing particular sums of money, has taken a premature distribution of the property of the parties that...

Domestic Violence Orders – Case Review

Domestic Violence Orders – Case Review KAO v DL [2017] QMC 16 (25 August 2017) Protection of the Aggrieved [64] Section 37(1)(c) DVFPA requires that the court be satisfied that “the protection order is necessary of desirable to protect the aggrieved...

Domestic violence – what does it look like?

What is domestic violence Domestic violence is when one person behaves in a way that controls or dominates another person and causes fear for their safety and wellbeing. Domestic violence is usually a pattern of abusive and controlling behaviour taking many forms. It...

Family Law Reform and Family Violence

Family law reform and family violence Mary Anne Neilsen, Law and Bills Digest Key Issue Debate about family law has focused on how the system has dealt with the complex problems of family violence. The issues are challenging and are likely to remain a focus for the...

Most expensive family law case?

Most expensive family law case? Strahan & Strahan [2019] FamCAFC 31 (21 February 2019) REPRESENTATION COUNSEL FOR THE APPELLANT: Mr Hooper SC SOLICITOR FOR THE APPELLANT: McInnes Wilson Lawyers COUNSEL FOR THE RESPONDENT: Mr Geddes QC with Mr Wilson SOLICITOR FOR...

Bank of Mum and Dad – getting it right

Bank of Mum and Dad – getting it right Great article by The Rub highlighting the importance of children in relationships getting Binding Financial Agreements in place to ensure their spouses cannot receive a portion of what the “Bank of Mum and Dad”...

Tax debts – courts power to substitute debtors

Tax debts – courts power to substitute debtors Commissioner of Taxation v Tomaras [2018] HCA 62 (13 December 2018) KIEFEL CJ AND KEANE J. We agree with Gordon J that under  s 90AE  of the Family Law Act 1975 (Cth) (“the Act”) the court has power to...

Rectification of BFA upheld

Rectification of BFA upheld Rectification of the agreement (Grounds 1, 2, 4 and 5) The husband contended the Agreement’s rectification by the primary judge was erroneous – both by expressing it to be a financial agreement made pursuant to s 90B of the Act (Grounds 1,...

Kennon claims are difficult to maintain

Kennon claims are difficult to maintain Keating & Keating [2019] FamCAFC 46 (21 March 2019) Turning then to Kennon, the rationale for a contributions adjustment as a consequence of family violence was explained by Fogarty and Lindenmayer JJ at 84,294: Put shortly,...

Family Report Process

What is a family report and how is it used? The court or an independent children’s lawyer (if one has been appointed) may organise a family report during family law proceedings. A family report provides information about you, your children and your family to help the...

DFRDB, MSBS and ADF Super

DFRDB, MSBS and ADF Superannuation Key points: DFRDB super closed to new members as of 1 October 1991; MSBS super closed to new members as of 1 July 2016; The new super for ADF members is ADF Super. Unlike the previous super schemes (DFRDB and MSBS), the new ADF Super...

Baptism Order found to be “procedurally unfair”

Baptism Order found to be “procedurally unfair” Was the order for the baptism of the child procedurally unfair? (Ground 3) As we have seen, the appellant submits that she was not given any reasonable warning of the possibility of the order requiring...