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Significant cases published November 2023

Federal Circuit and Family Court of Australia – (Division 1) Appellate Jurisdiction Cresswell & Conroy (No 2) [2023] FedCFamC1A 201 (22 November 2023) PARENTING AND PROPERTY – De facto relationship – Mental health issues potentially impacting upon presentation of appellant mother as a witness – Where adverse credit findings were made by the primary judge against the…

NLA launches the With You Trauma-Informed Organisational Toolkit

The NLA With You Trauma-Informed Organisational Toolkit was recently launched by the Commonwealth Attorney-General the Hon Mark Dreyfus at Australian Parliament House on 16 November 2023. The Toolkit provides practical guidance for legal assistance services on all aspects of trauma-informed, rights-based principles across service design, organisational culture, leadership and management. This is the first Australian Toolkit of its kind,…

Significant cases published October 2023

Federal Circuit and Family Court of Australia – (Division 1) Kirke & Kirke [2023] FedCFamC1F 827 (28 September 2023) CRITICAL INCIDENT LIST – Where mother and father incarcerated – Where children living with the paternal grandparents – Where major long-term decisions were required on an urgent basis – Where the paternal grandmother sought parental responsibility for the…

Significant cases published September 2023

Federal Circuit and Family Court of Australia – (Division 1) Appellate Jurisdiction Rubra & Potter [2023] FedCFamC1A 159 (18 September 2023) PARENTING – Where it was not disputed at the appeal hearing that the mediation was conducted by a “family dispute resolution practitioner” – Where the primary judge erred by using information given at the mediation, the…

Significant cases published August 2023

Federal Circuit and Family Court of Australia – (Division 1) Paterson & Hamdy (No 3) [2023] FedCFamC1F 629 (31 July 2023) PARENTING – Where children have not seen or spoken with the father since 2016 – Where father convicted of and jailed for offences – Where children express strong views to not see the father – Where…

Significant cases published July 2023

Federal Circuit and Family Court of Australia – (Division 1) Appellate Jurisdiction Gadhavi & Gadhavi [2023] FedCFamC1A 117 (21 July 2023) PROPERTY – Whether the primary judge’s determination of a 60/40 contribution based division in favour of the wife was reasonable within the context of a Kennon v Kennon [1997] FamCA 27; (1997) FLC 92-757 claim and the husband’s significant initial…

Updates to FCFCOA Family Violence Plan and Best Practice Principles

This week the FCFCOA have published the updated Family Violence Plan and Family Violence Best Practice Principles. Information about the changes are available on the FCFCOA website here: Updates to family violence plan and principles | Federal Circuit and Family Court of Australia (fcfcoa.gov.au) The Court has also released three new short films on the following…

AIFS Webinar: Supporting children and young people bereaved by domestic homicide

Presenters: Professor Eva Alisic, Kathryn Joy, Dr Joe Tucci and Dr Rachel Carson Date & time: Wednesday 13 September 2023, 1:00 – 2:00PM (AEST). Register The murder of a child’s parent in the context of domestic violence is a traumatic experience that has immediate and long-term effects on a child’s social, emotional and cognitive…

Significant cases published June 2023

Federal Circuit and Family Court of Australia – (Division 1) Appellate Jurisdiction Pandya & Pandya [2023] FedCFamC1A 85 (1 June 2023) PARENTING – Where the mother appeals from an interim order permitting the father to change the child’s school – Procedural fairness – Whether the primary magistrate failed to afford the mother procedural fairness – Where…