Skip to content Skip to footer

Cases published December 2019/January 2020

Family Court of Australia – Full Court Lim & Zong [2020] FamCAFC 20 (31 January 2020) FAMILY LAW – APPEAL – PARENTING – Where the primary judge made orders on an interim basis providing for no time or communication between the father and the child – Where such orders were not proposed by any party…

Cases published November 2019

Family Court of Australia – Full Court Rader & Rader and Ors (No. 2) [2019] FamCAFC 227 (21 November 2019) FAMILY LAW – APPEAL – INTERIM PARENTING – Parenting arrangements – Where children were placed in the care of their maternal grandparents – Assessment of risk – Where a recovery order should not have been sought…

Cases published September 2019

Family Court of Australia – Full Court Phillips & Hansford (No. 2) [2019] FamCAFC 165 (4 October 2019) Appeal against interim parenting orders – whether the primary judge erred by making an interim order without conducting a Rice and Asplund [1978] FamCA 84; (1979) FLC 90-725 hearing – whether the primary judge gave consideration to the necessary s60CC considerations –…

Cases published August 2019

Family Court of Australia Hume & Verize [2019] FamCA 439 (9 July 2019) FAMILY LAW – CHILDREN – where there has been 21 months of supervised time between the child and the father – where the father seeks to move to unsupervised time – where the mother contends that supervised time ought to continue – consideration…

Cases published July 2019

Family Court of Australia – Full Court Hadaway & Beckham [2019] FamCAFC 137 (1 August 2019) FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – Parenting – Where the father appeals against an order made by a Judge of the Federal Circuit Court of Australia dismissing his application to re-open proceedings – Where the…

Cases published June 2019

High Court of Australia Masson v Parsons [2019] HCA 21 Constitutional law (Cth) – Courts – Federal courts – Federal jurisdiction – Matter arising under Commonwealth law – Where Commonwealth law provides rules in respect of parentage of children born of artificial conception procedures – Where State law provides irrebuttable presumption that biological father of child conceived…

Cases published May 2019

Family Court of Australia- Full Court Markes & Markes (No. 2) [2019] FamCAFC 96 (6 June 2019) FAMILY LAW – APPEAL – PARENTING – Contravention of parenting orders – Adequacy of reasons for declaration made – Serious nature of the matter and the consequent need for sufficient reasons – Whether transcript revealed sufficient reasons…

Cases published March 2019

Family Court of Australia Nejem & Nejem [2019] FamCA 113 (5 March 2019) Parenting – where the mother unilaterally brought two children to Australia from Africa – where the issue was whether the court should make a summary determination for them to return or conduct an inquiry through a trial to ascertain best interests –…

Cases published March 2019

Family Court of Australia Nejem & Nejem [2019] FamCA 113 (5 March 2019) Parenting – where the mother unilaterally brought two children to Australia from Africa – where the issue was whether the court should make a summary determination for them to return or conduct an inquiry through a trial to ascertain best interests –…

Cases published February 2019

Family Court of Australia - Full Court Sandwell & Sandwell [2019] FamCAFC 24 (15 February 2019) FAMILY LAW – APPEAL – PARENTING – Change in living arrangements – Single expert report – Father’s psychiatric health – Whether the primary judge erred by relying on assertions of risk of harm posed by the father’s psychiatric health…