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Cases published May 2017

  Family Court of Australia Duarte & Morse [2017] FamCA 350 (16 May 2017) Parenting – interim - discharge of the Independent Children's Lawyer – Application for writ of Certiorari – whether the Court has jurisdiction to issue writ of Certiorari – whether the Court should restore previous Interim parenting orders – whether the Court should…

Cases published March/April 2017

Family Court of Australia Full Court Gong & Wei [2017] FamCAFC 55 (4 April 2017) Interim parenting orders – where the mother appeals against interim parenting orders which provide for equal shared parental responsibility, remove the previously ordered supervision of the children’s time with the father and increase that time – where the primary judge did…

Cases published November/December 2016

Family Court of Australia Full Court Vale & Vale (No 8) [2016] FamCA 992 (15 November 2016) Practice and procedure – where the child seeks to intervene in the proceedings and to appoint her own legal representative – where the child seeks that the current Independent Children’s Lawyer is discharged – application dismissed.   Hickson & Green…

Cases published October 2016

Family Court of Australia Full Court Kopel & Ferro [2016] FamCAFC 202 (14 October 2016) Parenting – relocation – where the appellant appeals against final parenting orders dismissing an application to relocate overseas with the child – whether the primary judge erred in his assessment of the parties’ competing proposals – where the primary judge failed to evaluate…

Cases published September 2016

Family Court of Australia Full Court Saska & Radavich [2016] FamCAFC 179 (1 September 2016) Parenting – parenting orders – proper interpretation of definition of family violence in s4AB(1) of the Family Law Act 1975 (Cth) (“the Act”) – whether mother a member of the family of the father within the meaning of s4AB(1) –…

Cases published August 2016

Family Court of Australia- Full Court Clarence & Crisp [2016] FamCAFC 157 (18 August 2016) De facto relationship – parentage – the appellant is the birth mother of the child, but the child was conceived using the respondent’s egg – appeal against a finding that the parties were in a de facto relationship at the…

WA Kiszko case

In December 2015, 6 year old Oshin Kiszko underwent surgery for an aggressive brain tumour. At that time, it was recommended by Oshin’s treating oncology team that he commence full craniospinal radiation and chemotherapy. Oshin’s medical team were of the view that if the standard protocol for treating Oshin’s cancer was followed, his chances of…

Cases published July 2016

Family Court of Australia Sealy & Sealy [2016] FamCA 523 (30 June 2016) Parenting – whether two of the children have been sexually abused by the father – where there is no suggestion the parties’ male child has been sexually abused by the father – whether the children are at an unacceptable risk of harm if…

Cases published June 2016

Family Court of Australia Full Court O'Connor & Healy [2016] FamCAFC 111 (28 June 2016) Practice and procedure– where the trial judge delivered oral reasons for judgment – where the trial judge subsequently amended the reasons pursuant to the slip rule prior to publication – where the trial judge substantially altered the substance of the judgment in doing so…

Cases published May 2016

Padley & Padley [2016] FamCAFC 82 (23 May 2016) Parenting – where the father appeals against interim parenting orders suspending his time with the child – where the mother and Independent Children’s Lawyer conceded that the appeal should be allowed – where the primary judge erred in finding that there was a risk of harm to…