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Recent Family Law Judgments - WA Family Court


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1. M and M [2009] FCWAM 54
Catchwords:
Child Support Appeal from SSAT - Power of Child Support Registrar and SSAT to vary assessment when departure order in force - Effect of income amount order on Administrative Review, Objection and SSAT Review
Date Delivered:
19/11/2009
Before:
MONAGHAN M
Legislation Cited:
Child Support (Assessment) Act 1989, s 60(2), s 98B, s 98B, s 117, s 118, s 119, s 119(2)
Cases Cited:
Thompson and Fyatt; Deputy Child Support Registrar (Intervener) (1995) FLC 92-603



  2. F and F [2009] FCWA 131
Catchwords:
PROPERTY SETTLEMENT - Whether agreed orders sought by the parties are just and equitable - Where the wife has primary responsibility for care of the children - Where the husband has a vastly greater earning capacity than the wife - Overall
Date Delivered:
09/10/2009
Before:
THACKRAY CJ
Legislation Cited:
Family Law Act 1975
Cases Cited:
Best and Best (1993) FLC 92-418



  3. U and H [2009] FCWA 128
Catchwords:
Children's issues - International relocation - principles now applicable - importance of "meaningful relationship"
Date Delivered:
02/10/2009
Before:
CRISFORD J
Legislation Cited:
Family Law Act 1975
Cases Cited:
A v A: Relocation Approach



  4. L and L [2009] FCWA 126
Catchwords:
Property settlement - application to set aside consent orders pursuant to s79A - duress - domestic violence - whether miscarriage of justice
Date Delivered:
23/09/2009
Before:
CRISFORD J
Legislation Cited:
Family Law Act 1975 s 79A
Cases Cited:
Barker v Barker (2007) Fam LR 650



  5. B and R [2009] FCWA 123
Catchwords:
Children's issues - summary dismissal - rule in Rice & Asplund - applicable principles
Date Delivered:
21/09/2009
Before:
CRISFORD J
Legislation Cited:
Family Law Act 1975
Cases Cited:
Bain Pacific Associations & Ors & Kelly & Ors (2006) FLC 93-270



  6. P and P [2009] FCWA 124
Catchwords:
CHILDREN - Parental responsibility - Time the child is to spend with the father - Where the child is to attend high school - Extent of the child's involvement in sport; ORDERS - Contravention application - Where the mother temporarily preve
Date Delivered:
17/09/2009
Before:
THACKRAY CJ
Legislation Cited:
Family Law Act 1975
Cases Cited:
Nil



  7. A and G [2009] FCWA 110
Catchwords:
PROPERTY - De facto marriage - Date of separation - Whether a relationship that has broken down has "ended" - Whether leave to file application out of time required; PROPERTY - Contributions - Small asset pool - Greater initial fi
Date Delivered:
25/08/2009
Before:
THACKRAY CJ
Legislation Cited:
Interpretation Act 1984
Cases Cited:
Hibberson v George (1989) DFC 95-064
Details


  8. D and S [2009] FCWA 107
Catchwords:
CHILDREN – with whom a child lives – where the parties live 260 kilometres apart – where the father's proposal involved "dual schooling" - where the father's plans to relocate to near mother's residence were vagu
Date Delivered:
12/08/2009
Before:
THACKRAY CJ
Legislation Cited:
Family Law Act 1975 (Cth)
Cases Cited:
B and B



  9. C and C [2009] FCWA 29 (S)
Catchwords:
FAMILY LAW - Costs - Circumstances justifying order - Offer of settlement made by the wife early in proceedings
Date Delivered:
19/06/2009
Before:
THACKRAY CJ
Legislation Cited:
Family Law Act 1975 s 117
Cases Cited:
Collins & Collins (1985) FLC 91-603



  10. C and C [2009] FCWA 29 (S)
Catchwords:
FAMILY LAW - Costs - Circumstances justifying order - Offer of settlement made by the wife early in proceedings
Date Delivered:
19/06/2009
Before:
THACKRAY CJ
Legislation Cited:
Family Law Act 1975 s 117
Cases Cited:
Collins & Collins (1985) FLC 91-603




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