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Recording of webinar: Lighthouse and Evatt – What this means for ICLs, Thursday 11 May 2023 is now available to view for website members

Following the 11 May 2023 National ICL Webinar: Lighthouse and Evatt – What this means for ICLs, further sessions for each state and territory are being planned to delve further into Lighthouse and Evatt List. It is anticipated that these sessions will be interactive to allow questions to be put to a panel of presenters.…

Significant cases published February 2023

Federal Circuit and Family Court of Australia – (Division 1) Fierro & Fierro (No 6) [2022] FedCFamC1F 1006 (16 December 2022) PRACTICE AND PROCEDURE – COSTS – Where the second respondent and the ICL seek costs in relation to the applicant’s dismissed Initiating Application – Where the Initiating Application was forlorn of hope, likely to represent…

Significant cases published December 2022 – January 2023

Federal Circuit and Family Court of Australia – (Division 1) Appellate Jurisdiction Hays & Department of Communities and Justice [2023] FedCFamC1A 3 (16 January 2023) HAGUE CONVENTION – Appeal from orders requiring the return of the children to England pursuant to the Family Law (Child Abduction Convention) Regulations 1986 (Cth) (“the Regulations”) – Where the appeal challenged the…

Significant cases published November 2022

Federal Circuit and Family Court of Australia – (Division 1) Appellate Jurisdiction Loverdos & Bonner [2022] FedCFamC1A 174 (26 October 2022) PARENTING – Where the father appeals from final orders permitting the mother to relocate with the children interstate – Whether the primary judge failed to consider s65DAA of the Family Law Act 1975 (Cth) – Where the primary judge’s…

Significant cases published October 2022

Federal Circuit and Family Court of Australia – (Division 1) Appellate Jurisdiction Hickson & Matthew [2022] FedCFamC1A 161 (11 October 2022) PARENTING – Appeal from orders changing the child’s residence from living with the mother to the father – Where the primary judge ordered unsupervised time with the mother despite finding of unacceptable risk for the…

Significant cases published September 2022

Federal Circuit and Family Court of Australia – (Division 1) Appellate Jurisdiction Lim & Zong [2022] FedCFamC1A 146 (20 September 2022) PARENTING – Appeal from orders allowing no time and no communication with the appellant – Where the appellant has engaged in a pattern of coercive and controlling conduct – Family violence and animal cruelty perpetrated…

ICL Practice Standards & Guidelines launched by the Chief Justice of FCFCOA in June 2022

In often bitter disputes, Independent Children’s Lawyers (ICLs) ensure that the Court understands the wishes of a child and help protect the child’s best interests. The new Practice Standards and Guidelines (PSG) developed by Tasmania Legal Aid (TLA) was formally launched on Monday 20 June 2022 by the Chief Justice of the FCFCOA, the Honourable Chief…

Significant cases published August 2022

Federal Circuit and Family Court of Australia – (Division 1) Appellate Jurisdiction Hood & Weaver [2022] FedCFamC1A 123 (5 August 2022) PARENTING – Where the mother appeals from final parenting orders vesting the father with sole parental responsibility and residence of the children and ordering the children to regularly spend time with the mother – Where,…

Significant cases published July 2022

Federal Circuit and Family Court of Australia – (Division 1) Appellate Jurisdiction Isles & Nelissen [2022] FedCFamC1A 97 (1 July 2022) PARENTING – Unacceptable risk – Standard of proof – Whether the primary judge erred at law by not applying s140 of the EVIDENCE ACT 1995 (Cth) (“the Evidence Act”) to a finding that the father posed an unacceptable risk of…
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