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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…

Significant cases published May & June 2022

Federal Circuit and Family Court of Australia – (Division 1) Appellate Jurisdiction Mallows & Harrod [2022] FedCFamC1A 92 (17 June 2022) APPLICATION IN AN APPEAL – Where the father seeks an extension of time to file a Notice of Cross-Appeal and to remove the Independent Children’s Lawyer from the proceedings and have another appointed – Where…

Seeking costs as the Independent Children’s Lawyer

Seeking costs as the Independent Children's Lawyer Independent Children’s Lawyers play a vital role in family law proceedings, representing and promoting the best interests of children the subject of those proceedings. Naturally, such representation comes at a significant financial cost, so it is important for ICLs to seek to recover those costs where appropriate. Cost orders…

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…