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Significant cases published April 2021

Family Court of Australia - Full Court Covington & Covington [2021] FamCAFC 52 (16 April 2021) FAMILY LAW – APPLICATION IN AN APPEAL – Stay – Application to stay an appeal pending determination by the High Court of Australia of an application to remove the appeal to that court pursuant to s 40 of the Judiciary Act 1903 (Cth)…

Significant cases published March 2021

Family Court of Australia Paintal & Paintal (No. 2) [2021] FamCA 124 (15 March 2021) FAMILY LAW – PRACTICE AND PROCEDURE – refusal of the father to answer questions of the Independent Children’s Lawyer in Final Defended Hearing – contempt – whether the affidavit material of the father affirmed by him will be taken as…

Cases published October 2020

Family Court of Australia - Full Court Nakul & Sabharwal [2020] FamCAFC 262 (29 October 2020) Parenting – where the father contends that the primary judge erred in making an order providing the mother with sole parental responsibility with respect to the child’s school – where this ground fails as no such order was made,…

Cases published September 2020

Family Court of Australia Re: Imogen (No. 6) [2020] FamCA 761 (10 September 2020) Parenting – medical procedures – Gender Dysphoria – where Imogen has been diagnosed with Gender Dysphoria, currently takes puberty suppression medication and wishes to move to stage 2 gender affirming hormone treatment – where the father supports Imogen’s wish – where…

Cases published August 2020

Family Court of Australia - Full Court Jasapas & Johns (No. 2) [2020] FamCAFC 203 (17 August 2020) Parenting – where the mother appeals from the second set of final parenting orders made in these proceedings – where the primary judge’s orders provided for the children to be transferred from the mother’s care to live with…

Cases published July 2020

Family Court of Australia - Full Court Gosai & Gosai [2020] FamCAFC 176 (23 July 2020) Parenting – where the primary judge dismissed the mother’s application for the appointment of an Independent Children’s Lawyer without inviting submissions or giving reasons – denial of procedural fairness – where there was a body of objective evidence and…

Cases published June 2020

Family Court of Australia Joplin & Parkins [2020] FamCA 403 (26 June 2020) Practice and Procedure – application for a single expert appointed by the Federal Circuit Court to be released from his obligation, now to this Court, as a Chapter 15 Expert in order to give evidence in the applicant’s criminal trial – where…
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