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Recent Family Law Judgments – Appeals

 

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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.

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 countryNew South Wales to a town in Que

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

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

Rummler & Cottrell [2010] FamCAFC 17 (17 February 2010) 
Catchwords:
 FAMILY LAW – APPEAL – FROM A DECISION OF A FEDERAL MAGISTRATE – Mother appealed refusal to grant a passport for specified period of travel to the US – Period for travel has passed – Utility in appeal considered – Federal Magistrate’s approa

Whisler & Whisler [2010] FamCAFC 18 (17 February 2010) 
Catchwords:
 FAMILY LAW – APPEAL – FROM A DECISION OF A FEDERAL MAGISTRATE – Appeal against parenting and property orders – Challenge to property orders hinged upon the appeal against the parenting orders – Parties conceded that the spousal maintenance

Elton & Batey-Elton (No. 2) [2010] FamCA 106 (15 February 2010) 
Catchwords:
 FAMILY LAW – PRACTICE AND PROCEDURE – Stay pending appeal – Stay refused

Watanabe & Watanabe (SSAT Appeal) [2010] FMCAfam 94 (11 February 2010) 
Catchwords:
 CHILD SUPPORT – Appeal from SSAT – interpretation of orders – percentage of care – how to be calculated.

Allen & Green [2010] FamCAFC 14 (9 February 2010) 
Catchwords:
 FAMILY LAW – APPEAL – PARENTING ORDERS – INTERIM ORDERS – PROCEDURAL FAIRNESS – Whether the Federal Magistrate erred in relying on material not tendered in the proceedings – Where the material was not

SS & AH [2010] FamCAFC 13 (5 February 2010) 
Catchwords:
 FAMILY LAW – APPEAL – CHILDREN – Wishes of the children – Weight to be attributed to children’s wishes – Children aged 15 and 11 – Both children expressed strong wish not to see the mother – trial Judge entitled to place significant weight