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Significant cases published April 2022

Federal Circuit and Family Court of Australia – (Division 1) Appellate Jurisdiction Saunders & Yorke [2022] FedCFamC1A 54 (13 April 2022) APPEAL – PARENTING – Where the father sought to challenge final orders that ceased the children’s time and contact with the father – Where the father is a part of a Community of people with…

Significant cases published March 2022

Federal Circuit and Family Court of Australia – (Division 1) Appellate Jurisdiction Angeli & Farina [2022] FedCFamC1A 40 (24 March 2022) FAMILY LAW – APPEAL – INTERNATIONAL RELOCATION – Appeal from final parenting orders permitting the child to relocate with the respondent to the USA – Whether the primary judge gave adequate reasons – Whether the primary…

Significant cases published March 2022

Federal Circuit and Family Court of Australia – (Division 1) Appellate Jurisdiction Angeli & Farina [2022] FedCFamC1A 40 (24 March 2022) FAMILY LAW – APPEAL – INTERNATIONAL RELOCATION – Appeal from final parenting orders permitting the child to relocate with the respondent to the USA – Whether the primary judge gave adequate reasons – Whether the primary…

Responding to an application for an ICL to be discharged

Responding to an application for an ICL to be discharged From time to time ICL’s may face an application that they be discharged.  Attached is a bulletin to assist ICLs to respond to a discharge application (prepared by Legal Aid NSW's Appeals and Complex Litigation Unit).

Significant cases published February 2022

Federal Circuit and Family Court of Australia – (Division 1) Eacret & Eacret [2021] FedCFamC1F 300 (14 December 2021) FAMILY LAW – INTERIM PARENTING – Independent Children’s Lawyer appointed to represent the interests of the 16 year old child. FAMILY LAW – INTERIM FINANCIAL RELIEF – Where the husband has access to income from various corporate entities and…

Significant cases published January 2022

Federal Circuit and Family Court of Australia – (Division 1) Appellate Jurisdiction Basford & Basford [2021] FedCFamC1A 105 (6 December 2021) FAMILY LAW – APPEAL – PARENTING – Adequate reasons – Where risk was in issue – Where the respondent alleged that the appellant presented a risk of harm to the children – Where the primary…

Significant cases published December 2021

Federal Circuit and Family Court of Australia – (Division 1) Appellate Jurisdiction   Hedlund & Hedlund [2021] FedCFamC1A 84 (15 December 2021) PARENTING - Whether the effect of the orders is manifestly unjust or unreasonable – Whether primary judge took into account irrelevant considerations – Whether primary judge failed to take into account relevant considerations –…

Significant cases published October 2021

Federal Circuit and Family Court of Australia – (Division 1) Appellate Jurisdiction Secretary, Department of Communities and Justice & Opunui [2021] FedCFamC1A 41 (20 October 2021) PARENTAL RESPONSIBILITY – Where the primary judge rejected the mutual proposal of the parties and the Independent Children’s Lawyer for orders directing the children to live with the mother…

Webinar recording: Meeting with children via technology now available for members on website’s Event pages

W ebinar recording: Meeting with children via technology, 26 October 2021 is now available exclusively to website members on the Event pages Since the Covid-19 pandemic we have all needed to pivot to remote engagement with courts and clients. This webinar explores the experience of ICLs meeting with children via technology, tips,…

Significant cases published September 2021

Family Court of Australia Granato & Granato (No. 2) [2021] FamCA 635 (27 August 2021) PARENTING - Unacceptable risk of sexual harm - Where the mother alleges the father is an unacceptable risk of sexual harm to the child due to historical allegations, alleged child pornography in the father’s possession and allegations made by…