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Cases published May 2020

Family Court of Australia – Full Court Carrington & Gunby [2020] FamCAFC 117 (15 May 2020) Parenting – contravention of parenting orders – whether the father demonstrated that he had a reasonable excuse for retaining the child – whether the father believed on reasonable grounds that the retention of the child was necessary to protect the…

Cases published April 2020

Family Court of Australia – Full Court Padanowska & Padanowski [2020] FamCAFC 97 (23 April 2020) Interim parenting – where interim parenting orders were made after the primary judge made a finding on disputed and untested evidence – where the finding was critical to other findings made by the primary judge as to what was…

COVID-19 Fact sheet: Good Practice Guide for Lawyers- meeting with children via technology

Dear ICL, Even when you can't meet a child in person you can and should communicate with them. Please see a Good Practice Guide developed to assist ICLs nationally to communicate with children via technology. It is a comprehensive guide which contains valuable information you need to consider when meeting with a child via technology.…

Cases published March 2020

Family Court of Australia – Full Court Walpole & Secretary, Department of Communities and Justice [2020] FamCAFC 65 (25 March 2020) FAMILY LAW – APPEAL – CHILD ABDUCTION – Hague Convention – Appeal against order for the return of children removed from their country of habitual residence – Where the appellant is the children’s primary…

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…
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