Child support – Effect of “dramatic” change of care arrangement on a binding child support agreement – Agreement set aside under s 136(2) of the Child Support (Assessment) Act – Whether change of legislation amounts to “exceptional circumstances” In Cheyne & Masters & Anor (SSAT Appeal) [2014] FCCA 856 (19 May 2014) Judge Terry considered […]
How does Separation affect your Kids?? You may be surprised. Children are often forgotten in the circle of conflict that parents often find themselves in, the children witness and feel all the effects of your conflict. They love both parents not one over the other and will often say what you want to hear so […]
For shared care arrangements to work, there has to be very good communication between the parents. If communication is haphazard between the parents and ongoing conflict then a shared care regime would simply not work. The children should not be subjected to the difficulties and conflict that often presents itself when parents are hostile to […]
Family Violence Part 1 Family Violence Part 2
In Hoffman [2014] FamCAFC 92 (27 May 2014) the Full Court (Faulks DCJ, Murphy and Watts JJ) considered an appeal by a litigant in person where Brewster FM (as his Honour then was) divided a pool of almost $10 million equally after a 36 year cohabitation (para 1). The husband contended that “his contributions should […]
Court sets financial agreement aside where wife used funds which was husband’s “separate property” In Gregory [2014] FCCA 106 (24 January 2014, published June 2014) Judge Baumann considered whether a financial agreement should be set aside in the context of a wife who “without the knowledge or consent of the husband” obtained the husband’s superannuation […]
De facto husband entered into a personal insolvency agreement to frustrate the effect of a partial property settlement order – Family Court of WA considers interaction between Bankruptcy Act 1966 (Cth) and Family Court Act 1997 (WA) – Order for controlling trustees to release control of property under s 208 of the Bankruptcy Act. In […]
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 […]
Interim spousal maintenance – Applicant wife working part-time and caring for two children – Respondent had capacity to pay, where he had redrawn loan facility and controlled a trust – Capital of a trust not “sacrosanct” and can be applied to meet a spousal maintenance order In Noble [2014] FCCA 421 (7 March 2014) Judge […]
Children – Father’s self-harming de facto partner restrained from being present during children’s time with father – Restraint granted despite evidence of psychiatrist and family report writer that de facto partner did not present a risk to the children – Risk was unlikely but possible In Gardiner & Rivers [2014] FCCA 76 (24 January 2014) […]
