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Recent Family Law Judgments 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. Davies & Anor & Schwartz [2010] FMCAfam 144 (25 February 2010) 2. Malone & Malone [2010] FMCAfam 148 (22 February 2010) Catchwords: FAMILY LAW - Discharge of spousal maintenance arrears - substantial delay in applying for discharge of spousal maintenance - changed circumstances of the parties. Date Delivered: 22 February 2010 Before: Kemp FM Legislation Cited: Family Law Act 1975, s.83 Cases Cited: 3. Costa & Fairbank (SSAT Appeal) [2010] FMCAfam 39 (22 February 2010) Catchwords: CHILD SUPPORT - Appeal from decision of SSAT - whether the SSAT erred in finding special circumstances for departure - whether SSAT erred in its considerations of the income and expenses of the applicant. Date Delivered: 22 February 2010 Before: Slack FM Legislation Cited: Cases Cited: LDME & JMA (SSAT Appeal) [2007] FMCAfam 712 Tasman & Tisdall [2008] FMCAfam 126 Kennon v Spry (2008) FLC 93-388 4. Fitzpatrick & Power [2010] FamCAFC 22 (22 February 2010) Catchwords: FAMILY LAW - APPEAL - CHILDREN - RELOCATION - appeal from a Federal Magistrate decision - interim orders - where the Federal Magistrate made orders allowing the mother to relocate with the child from country New South Wales to a town in Que Date Delivered: 22 February 2010 Before: Bryant CJ, Finn Legislation Cited: Family Law Act 1975 (Cth) Federal Proceedings (Costs) Act 1981 Cases Cited: Chappell & Chappell (2008) FLC 93-382 Goode and Goode [2006] FamCA 1346; (2006) FLC 93-286 Gronow v Gronow [1979] HCA 63; (1979) 144 CLR 513 Newlands and Newlands [2007] FamCA 168; (2007) 37 Fam LR 103 5. IABH & HRBH [2010] FamCA 110 (22 February 2010) Catchwords: FAMILY LAW - PROPERTY - The effect of the Full Court's orders upon the exercise of discretion when considering contributions - capital gains tax - consideration of the four Date Delivered: 22 February 2010 Before: Watts J Legislation Cited: Family Law Act 1975 (Cth) Cases Cited: Z & Z [2005] FamCA 996; (2005) FLC 93-241 Omacini v Omacini [2005] FamCA 195; (2005) FLC 93-218 HDM & MM and SJM [2006] FamCA 47 Farnell and Farnell (1996) FLC 92-681 Gollings & Scott [2007] FamCA 397; (2007) FLC 93-319 C & C [199 6. Stephens & Stephens (Stay Application) [2010] FamCAFC 20 (19 February 2010) Catchwords: FAMILY LAW - PROPERTY - STAY APPLICATION - PENDING SPECIAL LEAVE TO APPEAL TO HIGH COURT - Application for stay of orders of the Full Court and the orders of a single judge in the appellate jurisdiction of the Family Court of Australia - Wh Date Delivered: 19 February 2010 Before: May, Boland Legislation Cited: Australian Federation of Consumer Organisations Incorporated v Tobacco Institute of Australia Ltd (No. 2) [1991] FCA 329; (1991) 30 FCR 548 Buller Ski Lifts Ltd v Mt Buller Alpine Resort Management Board [2000] VSCA 31 Bryant v C Cases Cited: Family Law Act 1975 (Cth) 7. Loude & Loude (Re-determination) [2010] FamCAFC 19 (19 February 2010) Catchwords: FAMILY LAW - APPEAL - RE-DETERMINATION - Where the husband appealed the orders of the Federal Magistrate - Where the appeal was allowed and orders provided for the parties to make submission in relation to the re-determination of the matter Date Delivered: 19 February 2010 Before: May, Boland Legislation Cited: Brett-Hall & Brett-Hall [2006] FamCA 712; (2006) FLC 93-276 G & G [2001] FamCA 1453 R v W (unreported, Steele J, 2 July 2002) Cases Cited: Family Law Act 1975 (Cth) 8. Bachman & Bachman [2010] FMCAfam 80 (18 February 2010) Catchwords: FAMILY LAW - Parenting orders - relocation - best interests of children have priority over parent's right to freedom of movement. Date Delivered: 18 February 2010 Before: Bender FM Legislation Cited: Family Law Act 1975, ss.60B, 60CA, 60CC, 65DAA Cases Cited: B and B: Family Law Reform Act 1995 (1997) 140 FLR 11 AMS v AIF; AIF v AMS (1999) FLC 92-852 A v A: Relocation Approach [2000] FamCA 751; [2000] 26 Fam LR 382 U v U [2002] HCA 36; (2002) 211 CLR 238 D & SV (2003) FamCA 280 9. Hilare & Hilare [2010] FamCA 108 (18 February 2010) Catchwords: FAMILY LAW - PROPERTY - unpaid taxation small pool - liabilities - husband earning high income - whether order sought was for more than 100% of the pool FAMILY LAW - SPOUSAL MAINTENANCE - wife in committed relationship wi Date Delivered: 18 February 2010 Before: BROWN J. Legislation Cited: Family Law Act 1975 (Cth) ss 79, 79(4)(d) to (g), 75(2)(b),(h),(k), (na) Taxation Administration Act 1953 ss 8AAZA, 8AAZALE, AAAZC, AAZLA Cases Cited: Biltoft and Biltoft [1995] FamCA 45; (1995) FLC 92-614 Milankov and Milankov [2002] FamCA 195; (2002) FLC 93-095 Gollings and Scott [2007] FamCA 397; (2007) FLC 93-319 Bevan and Bevan (1995) FLC 92-600 Mitchell and Mitchell (1995) FL 10. Jessup & Jessup [2010] FMCAfam 124 (17 February 2010) Catchwords: CHILD SUPPORT - Application to set aside child support agreement made in May 2006 - agreement Date Delivered: 17 February 2010 Before: Sexton FM Legislation Cited: Child Support (Assessment) Act 1989, ss.3, 4, 12, 114, 121, 136 Child Support Legislation Amendment (Reform of the Child Support Scheme - New Formula and Other Measures) Act 2006, s.2, schedule 5 Child Support (Registration and Colle Cases Cited: Balzano & Balzano [2010] FamCAFC 11 Christian & Donald [2008] FamCAFC 44 Daley & Daley [2009] FMCAfam 398 In The Marriage of Lutzke (1979) 5 FamLR 553 Simpson and Hamlin (1984) FLC 91-576 | Fathers4Equality | this page has been most recently updated on 1 March 2010 |
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