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Note: Section 121 of the Family Law Act 1975 makes it an offence, except in very limited circumstances, to publish or distribute a report of a case or part of a case, including information contained in a Judgment, which identifies parties, related or associated persons, witnesses or others involved in the case. A breach of the section is a criminal offence. The section also sets out certain limited defences to criminal liability. An example is where the Court has expressly authorised the publication.

  • Legal Aid ACT & Westwell [2021] FamCAFC 50

    15 Apr 2021

    FAMILY LAW – APPEAL – COSTS – Costs of the Independent Children’s Lawyer – Whether provision of a lawyer through the Family Violence and Cross Examination of Parties Scheme in accordance with s 102NA of the Family Law Act 1975 (Cth) constitutes receipt of legal aid pursuant to s 117(4) – Meaning of “legal aid” – Appeal allowed – Matter remitted on a limited basis – No order as to costs.

  • Tanberg & Remmy [2021] FamCAFC 49

    14 Apr 2021

    FAMILY LAW – APPEAL – PARENTING – Where the orders appealed are interim – Where those interim orders provided for earlier consent orders regarding an equal time arrangement to remain in place – Where the primary judge declined to make either orders sought by the parties – No evidence to suggest that either of the proposed orders would improve the position of the child – No error by the primary judge – Appeal dismissed – Appellant to pay the respondent’s costs in a fixed sum.

  • Lambertson & Lambertson [2021] FamCAFC 48

    12 Apr 2021

    FAMILY LAW – APPEAL – PROPERTY – Leave to appeal – Appeal against order to allow proceedings out of time pursuant to s 44(3) – Where 12 months had expired from date divorce order took effect – Findings of fact – Previous application for s 44(3) leave abandoned – Failure to consider evidence of actual prejudice – Leave to appeal granted – Appeal allowed – Matter remitted for rehearing – Costs certificates issued.

  • Manesh & Manesh (No. 2) [2021] FamCAFC 47

    12 Apr 2021

    FAMILY LAW – APPEAL – LEAVE TO APPEAL – Where the principal issue is the order providing monies to both parties by way of partial property settlement – Where the facts propounded in support of the application for leave to appeal are simply inadequate and do not demonstrate any basis for leave to appeal to be granted – Where the grounds of appeal do not identify any appealable error by the primary Judge – Application dismissed.

    FAMILY LAW – COSTS – Where the respondent seeks costs calculated on an indemnity basis – Where the applicant was wholly unsuccessful and his appeal was dismissed – Where the circumstances justify an order for costs and there are exceptional circumstances which warrant an order for indemnity costs – Where this Court is not satisfied that all of the charges are either necessary or reasonable – Costs fixed in the sum of $10,000 pursuant to r 19.18(1)(a) of the Family Law Rules 2004 (Cth).

  • Manesh & Manesh [2021] FamCAFC 46

    12 Apr 2021

    FAMILY LAW - APPEAL – EXPEDITE – Where the applicant seeks that the hearing of his Notice of Appeal be expedited – Where the appeal should be expedited but not to the extent sought – Appeal expedited to be heard in the April 2021 sittings of the Full Court.

  • Zlotnik & Germasimov [2021] FamCAFC 45

    09 Apr 2021

    FAMILY LAW – APPLICATION IN AN APPEAL – Dispense with transcript – Where appellant understands nature of challenges is curtailed without trial transcript – Appellant asserts misapplication of statutory provision - Where leave is granted for the appeal to be heard without the trial transcript.

  • Traver & Boyce [2021] FamCAFC 44

    31 Mar 2021

    FAMILY LAW – APPEAL – REINSTATE – Where the applicant seeks to reinstate an appeal deemed abandoned as a result of his failure to file a draft appeal index as ordered – Where there is no utility in allowing the appeal to proceed – Where there is no adequate or acceptable reason for the failure to file the draft appeal index in time – Where the applicant raises no competent ground of appeal which would allow the appeal to proceed – Where there is prejudice to the respondent if the application is granted – Where in the interests of justice the application must be refused – Application dismissed.

  • Chafer & Quigley [2021] FamCAFC 43

    01 Apr 2021

    FAMILY LAW – APPEAL – PARENTING – Appeal against orders made by consent and orders made by determination – Limitations on appeal from consent orders – Adequacy of reasons – Form of order for sole parental responsibility broader than intended – Application for property orders withdrawn – Appellant bound by conduct of trial – Discretionary judgment – Application to adduce further evidence dismissed – Appeal allowed in part – Applications for costs dismissed

  • Pattison & Loomis [2021] FamCAFC 41

    01 Apr 2021

    FAMILY LAW – APPEAL – PROPERTY – ARBITRATION – Unequivocal consent required to validate the arbitration process pursuant to s 13E of the Family Law Act 1975 (Cth) – Where the appellant husband’s consent was conditional – Where the primary judge erred in dismissing the husband’s objection to the registration of the arbitration award – Appeal allowed – Costs certificates ordered.

  • Meadows & Meadows (No. 5) [2021] FamCAFC 42

    31 Mar 2021

    FAMILY LAW – APPEAL – PROCEDURAL – Appeal against dismissal of a review of Registrar’s decision – Failure to give reasons – Error of law – Necessity to give reasons – Appeal allowed – Re-exercise of discretion – Review application dismissed.

    FAMILY LAW – APPEAL – PROCEDURAL – Error in section referred to in vexatious proceedings order – Section 102QD and s 102QE of the Family Law Act 1975 (Cth) – Oral application for extension of time to file Notice of Appeal – Leave granted on limited basis – Appeal allowed in part – Re-exercise of discretion – Vexatious proceedings order varied.

  • Hakimi & Nasser [2021] FamCAFC 40

    31 Mar 2021

    FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – EXPEDITION – Appeal from final parenting orders – Where the applicant mother acted promptly in filing an application for expedition – Where there are serious issues of international relocation and whether the father should spend any time with the children – Where the nature of proceedings justify the appeal being expedited – Application granted.

  • Weston & Nathan [2021] FamCAFC 37

    23 Mar 2021

    FAMILY LAW – APPEAL – PARENTING – International relocation – Orders made for the mother to relocate the children to the United States of America and for the father to spend time with the children in the USA and no time with them in Australia – Both parties proposed that the children spend time with the father in both countries – Procedural fairness – Father denied opportunity to address orders for no time in Australia – Adequacy of reasons – No merit in other grounds of appeal – Appeal allowed in part.

    FAMILY LAW – APPEAL – PROPERTY – Assessment of parties’ contributions – Add-backs – Superannuation split – Assessment of s 90SF(3) factors – No merit in any ground of appeal – Appeal dismissed.

    FAMILY LAW – APPEAL – COSTS – Parenting appeal allowed in part – Father to pay part of the mother’s costs of the appeal in a fixed sum.

  • C Lawyers & Boulos [2021] FamCAFC 39

    26 Mar 2021

    FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – Where the primary judge summarily dismissed the applicant’s interim application for injunctions – Where the first respondent was paid funds out of consent property settlement orders – Applicants assert they hold a lien over funds received by the first respondent for legal fees owed – Real risk that the funds would not be available should the appeal succeed – Injunction granted against both respondents in order to preserve funds pending hearing of the appeal – Application granted.

  • Syms & Syms [2021] FamCAFC 38

    26 Mar 2021

    FAMILY LAW – PARENTING – Unacceptable risk – No unacceptable risk of sexual abuse by father – Risk of emotional harm in the care of mother – Discretionary judgment – Findings open on the evidence – Adequate reasons – Permanent supervision – Appeal dismissed – Mother to pay the costs of the father and the Independent Children’s Lawyer in a fixed sum.

    FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – Adduce further evidence – Controversial evidence – Not satisfied that further evidence would have produced a different result – Application dismissed.

  • Langley & Tarelli (No. 3) [2021] FamCAFC 36

    12 Mar 2021

    FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – Extension of time to file a Notice of Appeal – Appeal against stay of final parenting orders – Reasonable explanation for delay – Appeal expedited – Application granted.