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Recent Family Law Judgments - False allegations of child abuse View other Family Law Judgment Categories: | Recent judgments - All | Appeals | Relocation | Child Abductions | Equal Shared Care | Equal Shared Parental Responsibility | Schooling | Contravention | False allegations | Cultural Considerations | Entrenched Conflict | SSAT (Child Support) | Parental Alienation | Unacceptable Risk | Reasonable Practicality 1. Wang & Dennison [2009] FamCA 206 (20 March 2009) 2. Kitman & Kitman (Costs) [2008] FamCAFC 180 (12 November 2008) Catchwords: FAMILY COURT - APPEAL - COSTS - Where appeal and cross appeal were allowed and orders were made re-exercising the discretion of the trial judge - Where appellant and cross appellant seek costs certificates for the appeal and cross appeal - Orders made for costs certificates to be issued to the appellant and respondent in the appeal - Orders made for costs certificates to be issued to the cross appellant and respondent in the cross appeal FAMILY LAW - COSTS - Appellant made an application pursuant to s117AB for costs to be paid by the respondent on the basis that the respondent had made false allegations or statements - Orders made to dismiss the appellant's application for costs against the respondent Date Delivered: 12 November 2008 Before: May J Legislation Cited: Family Law Act 1975 ss117, 117AB Federal Proceedings (Costs) Act 1981, ss6 & 9 Cases Cited: Oscar & Traynor [2008] FamCAFC 158 3. Taylor-Black & Vasser [2008] FamCA 335 (15 May 2008) Catchwords: FAMILY LAW - CHILDREN - With whom a child lives - sexual abuse allegations - best interests of child Date Delivered: 15 May 2008 Before: Watts J Legislation Cited: Family Law Act 1975 (Cth) ss 60CA, 60CC, 61DA, 65DAA Cases Cited: Jurisdiction Family Court or Full Court of the Family Court (pre-2007) 4. Rod & Bloomberg [2008] FamCA 487 (27 June 2008) Catchwords: FAMILY LAW – CHILDREN – With whom a child lives - Best interests Date Delivered: 27 June 2008 Before: Murphy J Legislation Cited: Family Law Act 1975 (Cth) Cases Cited: AIF v AMS (1999) 199 CLR 160, CDJ & VAJ (1998) 197 CLR 172, Mazorski v Albright [2007] FamCA 520, Neil v Nott (1994) 68 ALJR 509, Secretary, Department of Health and Community Services & JWB & SMB (1992) 175 CLR 218, U v U (2002) 211 CLR 238 Jurisdiction Family Court or Full Court of the Family Court (pre-2007) 5. Sharma & Sharma (No. 2) [2007] FamCA 425 (2 March 2007) Catchwords: FAMILY LAW – COSTS – Where father asserts mother knowingly made false allegations and statements – Whether s 117AB operative – Applying s 117AB to proceedings commenced before but finalised after section introduced does not offend presumption against retrospectivity - Whether pursuant to s 117AB father entitled to mandatory costs – Significance of reference to proceedings - Order made – Assessment of quantum Date Delivered: 2 March 2007 Before: Ryan J Legislation Cited: Family Law Act 1975 (as amended) s 70NFB(1), ss 117, (1), (2), ss 117AA, AB, AB(2), (2A), (2A)(c), s 118, s 4, Family Law Amendment (Shared Parental Responsibility) Act 2006 s 117AB, Acts Interpretation Act 1901 s 3, Crimes Act 1914 (Cth) s 35, Evidence Act 1995 (Cth) s 140, Family Law Rules Cases Cited: Geraldton Building Co Ltd v May (1977) 136 CLR 379, Kohan & Kohan (1993) FLC 92-340, Colgate Palmolive Co & Anor v Coussins Pty Ltd (1993) 46 FCR 225 Jurisdiction Family Court 6. Hogan & Halvorsen [2007] FMCAfam 1131 (4 June 2007) Catchwords: FAMILY LAW – Parenting – interim hearing – mother’s application to suspend father’s time with child – allegations of abuse – allegations found to be knowingly false. FAMILY LAW – Costs – where a party made a knowingly false statement. Date Delivered: 4 June 2007 Before: Henderson FM Legislation Cited: Family Law Act 1975 (Cth) ss.60CC, 117AB Cases Cited: Jurisdiction Federal Magistrates Court | Fathers4Equality | this page has been most recently updated on 1 March 2010 |
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