Family Law

This page is devoted to Family Law: It includes my (and others’) blog posts, leading cases, as well as articles that I have found useful:

Recent cases:

Shaeffer & Jacobs[2011] FamCAFC 119 – 07/06/2011

This case is significant for a few reasons:

1. it discusses the power of an appellate court to overturn findings of fact;
2. the Briginshaw standard with respect to violence;
3. the setting aside of consent orders pursuant to s79A (see my blog post on Langford v Coleman);

Warren & Child Support Registrar and Anor(Costs) [2011] FamCAFC 118 – 31/05/2011 –

This case is an example of the Court exercising its discretion to award costs pursuant to s117(2A) of the Family Law Act (Cth) 1975
Lint & Lint [2011] FamCAFC 115 – 27/05/2011 

This case concerns:

1. whether further evidence would render the trial judges decision erroneous;
2. considerations of contributions by a party’s family; and
3. s75(2) adjustments.

Lenova & Lenova [2011] FamCAFC 114 – 24/05/2011 – 

This case concerns the jurisdiction of the Court to vary a lease which provided the husband sole use and occupation of a portion of the former matrimonial home.

Strahan v Strahan (Interim Property Payments)     [2009] FamCAFC 166

This is an interesting decision that looks at the Court jurisdiction under ss79, 80(1)(h) and s 117 to make an interim property order in favour of a party.

Harries & Harries [2011] FamCAFC 113 – 24/05/2011 – 

This case is of interest because it examines whether:

1. the trial judge was correct in exercising the discretion to decline making an order for return of the children to Canada; and
2. the father was denied procedural fairness by the trial judge allowing additional medical evidence to be admitted into evidence during the course of the trial without the father having a reasonable opportunity to obtain some medical evidence in response.

Faure & Simons (No. 2) [2011] FamCAFC 110 – 23/05/2011 – ( )

This is a case where the trial judge was re-exercised.

(See the related case)

Faure & Simons [2011] FamCAFC 106 – 10/05/2011 –

Blog Posts

Refer to the following blog posts on:

1. Setting aside consent orders.
2. Gifts, loans, and the presumptions of advancement.

Articles

I have found the following article by Grahame Richardson SC most helpful for beginners:

A Beginner’s Guide to Property Settlement and Related Proceedings in the Family Court(1998) 17 Aust Bar Rev 47.