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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…

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…

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