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Judgements of Interest !

Some of the more interesting and important published judgements are discussed here.
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ocf_emoticons/nerd Preview Three recently reported family law cases ar… Announcement

Case stated scope of remitted hearing , Subpoena to National Transcription Service considered, Appeal vs s 79A which application to hear first?,

Secretary SPCA 3 6,268
Preview Court Admits Covert Phone Recordings as Evi…

In this hearing Court determines whether it should use its discretion to admit phone recordings as evidence

flex 1 249
ocf_emoticons/sad Preview Looking for significant family law decision…

Which mental illnesses do the Family Law Courts Recognise, and which ones don't they?

flex 4 645
Preview Family Court's secret code word - ROSA 6 1,596
ocf_emoticons/shutup Preview Fathers contact letters and birthday cards… Closed

Gaylard & Cain [2012] FMCAfam 501 (30 May 2012) Federal Magistrate Tom Altobelli banned the father of the 11-year-old boy and six-year-old girl from seeing his children but wanted to explain to the children that he had not believed allegations that their

Secretary SPCA 10 3,671
ocf_emoticons/constipated Preview Contravention & Contempt Applications - wha…

The Father in this matter (self-represented) filed a both a Contravention and Contempt Application against the Mother. The father's applications failed and were ill conceived. This case is an example of what not to do in respect of Contravention and Con

4mydaughter 7 7,741
ocf_emoticons/dry Preview Summerby & Cadogen [2011] FamCAFC 205 20/1…

FAMILY LAW APPEAL CHILDREN With whom a child lives, spends time and communicates where the orders of the Federal Magistrate terminated all contact between the child and the father where it was asserted that the Federal Magistrate erred in stating his

Secretary SPCA 42 29,939
ocf_emoticons/hand Preview Domestic Violence - How one Federal Magistr…

Patino & Griego [2010] FMCAfam 1422 (2 December 2010)

Secretary SPCA 26 16,676
Preview Compare and contrast

Two judgements - one good, one bad

Craigo 7 4,009
Preview Take your squabble elsewhere

A Canadian Judge calls a spade a spade

PaulG 3 2,919
Preview Adoption

Mother and Step Father Adopt Child

Agog 2 5,000
Preview Gordon & Gordon

Contravention - Failure to produce documents

Agog 1 4,388
Preview Krach & Krach

$45,000 Costs against an SRL

Agog 1 4,071
ocf_emoticons/rockon Preview A "must read" decision - Sealey & Archer [2…

The presiding Judge has presented well considered reasons for judgement. This is a must read judgement.

OneRingRules 18 12,716
ocf_emoticons/dry Preview Contravention = 6 months in jail

LEVIER & McCLINTOCK [2008] FMCAfam 1107

Agog 5 5,586
ocf_emoticons/constipated Preview McDougal & York

This is an extraordinary case of extreme conflict where equal shared parental responsibility was decided.

monaro 3 4,476
Preview Irish & Michelle [2009] FamCA 66 6/02/2009

Reversal of Lives with Parent - FAMILY LAW CHILDREN Equal shared parental responsibility With whom a child lives childs view issues of credit alienation of child from parent

Secretary SPCA 3 5,842
Preview Mother given minimal acess due to false all… monster 3 4,668
ocf_emoticons/nod Preview Carpenter and Carpenter

Overnights for a 15 month old. This is an important judgement in relation to very young children and a good outcome for the father.

Agog 6 7,941
Preview Equal Time Interim - Child less than 12 mon…

Rusden and Samson

Agog 5 6,031
Preview Abrams and Demars

50/50 Week about

Agog 4 5,267
ocf_emoticons/blink Preview Contempt Applications

An application for the husband to be dealt with for contempt. The applicant is the wife, the husband is the respondent. The husband is the respondent in property proceedings that are listed for hearing on 18 August 2008. He is 56 years old. The wife is th

Agog 2 4,832
Preview Barker & Barker - Equal "Spends Time" with…

A finely balanced Judgement ordering Equall time and Sole Resposibility to one Parent

oneadadc 4 6,063
Preview Current intake sessions in NSW monster 2 4,194
ocf_emoticons/nod Preview G & L [2007] FMCAfam 1123 (21 December 2007…

FAMILY LAW – Parenting – relocation of children – interim parenting orders where mother unilaterally moved to Adelaide from Sydney with children. Stong support for Family Law Act 1975, ss.60CA, 60CC and Goode & Goode [2006] FamCA 1346. Relocation dissalo

Secretary SPCA 7 8,144
ocf_emoticons/shake Preview Taylor & Barker [2007] FamCA 1246 – 19/10/2… Poll

An appeal from decsion of Federal Magistrate in relation to relocation - Spells BAD NEWs for relocation proceedings

Secretary SPCA 20 13,473
ocf_emoticons/thumbs Preview How the Family Courts are interpreting the…

Interesting key judgements that are being used currently as reference cases

oneadadc 7 9,850
ocf_emoticons/blink Preview Masters and Masters 2008 FamCA 283

Orders relating to a birthday party with the father's relatives at the childs preschool and or fathers alternate venue with additional fathers side family present

4mydaughter 2 4,938
ocf_emoticons/dry Preview Goode & Goode Revisited (Interim)

Justice Ryan leaves a few points to be desired. There are also a number of inconsistencies and inferences that should be discussed.

oneadadc 4 6,830
ocf_emoticons/blink Preview Dobbs and Brayson (2007) FLC 93-346 Success…

A mother has successfully appealed against orders of a federal magistrate sentencing her to a period of four months imprisonment and reversing a parenting order.

Secretary SPCA 1 6,301
ocf_emoticons/blink Preview Judgement - Justice David Halligan

The question is.. are these orders adequate in relation to time?

Secretary SPCA 2 7,328
Preview Moge Vs Moge Canadian case often quoted in… monteverdi 9 6,200
ocf_emoticons/shake Preview Best Interest of the Child - What's happening?

The 'Best Interests of the Mother' trump the 'Best Interests of the Children' and the Father isn't even considered.

dad4life 17 9,313
ocf_emoticons/blink Preview Interaction of parenting orders and child w…

view that a significant reason for the Federal Magistrate concluding that there was no utility in him embarking on a hearing of the application on its merits and thus dismissing the application was because the existing child protection orders and authoris

Secretary SPCA 1 3,458
ocf_emoticons/sinner Preview Costs of recovery

The Full Court determined that s 117AA(3) of the Family Law Act 1975 did not permit an order for expenses to be made against the state Central Authority as it was the mother, not the state Central Authority, who wrongfully retained the child.

Secretary SPCA 1 3,257
ocf_emoticons/nod Preview Jurisdiction finding by the Full Court of t…

The Full Court explored whether the Supreme Court had jurisdiction to entertain the appeal, the relevant provisions of cross-vesting legislation and whether, if the Supreme Court had jurisdiction, it was appropriate to transfer the appeal to the Full Cour

Secretary SPCA 1 3,603
ocf_emoticons/whistle Preview Preservation order made pending an applicat…

The members of the Full Court determined that when a Full Court or a single Judge is to hear an application for an extension of time to appeal, an order can be made for the purpose of preserving assets which would be the subject of the appeal and which, i

Secretary SPCA 1 2,693
ocf_emoticons/nod Preview 18 Month Old Child

Dr Tom hands down a 5 of 14 nights under the unofficial 'tender years' doctrine (at what age and for what duration should a young child have contact). This will come as something of a revelation

Agog 4 3,901
Preview Proven Contravention - Evidentiary Standard… oneadadc 1 3,147
Preview Proven Contravention - AND 'Lives With' and… Agog 4 3,967

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