Court sets aside s 90B agreement where it was signed 2 days before the wedding – Duress, undue influence and unconscionable conduct established In the case of Parkes [2014] FCCA 102 (24 January 2014) Judge Phipps considered a s 90B financial agreement where the wife accepted “that all the relevant requirements under [Part VIIIA] were […]
Children – Court not satisfied that sexual abuse occurred but where mother’s belief of risk was reasonably held – No time to the father – Anxiety of the mother considered In Starkey (No. 2) [2013] FamCA 977 (13 December 2013) Dawe J considered a Magellan list matter involving two children, a 10 year old and […]
Children – Full Court considers whether an order made at an interim hearing for the enrolment of a child in a school was interim or final – Procedural fairness. Parents often get caught up in the conflict and forget that their child/ren still require them to act as parents having regard to their best interests. […]
Communication is the key factor in ensuring the workability of parenting orders especially in regards to sharing parental responsibility. Most parents consider that when making long terms decisions about children when separated that they should both be involved or included. It is a presumption (a rebutable one) under Section 61 of the Family Law Act […]
Many matters that come before the court and practitioners in general contain unsubstantiated allegations of one thing or another. It is important for parents to put aside differences and consider the children and what is in their best interests. Section 60CC of the Family Law Act outlines considerations the court ponders when approaching children’s matters. […]
In Hardwick [2013] FCWA 57 (20 May 2013) the parties disagreed over the appointment of a single expert witness to provide a report in a parenting case and the terms of reference for that report, in particular as to when the father should begin having overnight time with the parties’ two year old child. Walters […]
Children – Evidence Act 1995 (Cth) to apply in the “exceptional circumstances” of alleged sexual abuse of a child under s 69ZT(3) In Garman & Jackson [2013] FamCA 54 (21 February 2013) the father sought an order that the evidence at trial be governed by the rules as to hearsay evidence and generally of the […]
Property – Husband’s high earnings throughout long marriage not allowed as “special contributions” In Newman [2013] FamCA 37 (30 January 2013) the husband argued that his high earnings throughout the parties’ 28 year marriage were contributions “outside the normal range” and should therefore be treated as a “special” contribution (paras 114). Watts J at paras […]
Property – Cohabitation agreement under Property Law Act 1974 (Qld) was not a recognised agreement or financial agreement – Nor a bar to consent orders n Kevin & Trembath [2012] FamCA 807 (11 September 2012) the parties sought property orders by consent under the Family Law Act 1975 in circumstances where they had entered into […]
