Defazio & Defazio & Anor [2020] FCCA 2957 (12 October 2020) This case involve the mother who wants her children to live with her and spend time with the father each alternate weekend supervised by the paternal grandparents. Facts: The applicant-mother says that it is now time for the children to live primarily with her.  She advances a position that the children spend time with their paternal grandparents each alternate weekend. The mother says that the father can spend as much time with the children during the time they are with their paternal grandparents. the mother's position is effectively that the father's time with be at all times supervised by the paternal grandparents. From

Kovacic & Walsworth [2020] FCCA 1912 (16 July 2020) This case involves the applicant seeking for property settment between him and his de facto partner, who has more contribution that him during the relationship, to proceed despite the partner’s failure to participate in the proceedings. Facts: Mr Kovacic (“the applicant”) commenced these proceedings in 2018. The applicant named Ms Walsworth (“the respondent”) his former de facto partner as the other party to the proceedings. The respondent has been unrepresented, not complied with orders made by the Court, not participated properly in the proceedings and repeatedly abjured the opportunity to do so. The applicant pressed for the Court to

Khoza & Nkosi [2020] FCCA 2908 (27 October 2020) This case involves an adjustment of property interest where the wife seeks orders to receive 75% of the husband’s interest in his Superannuation fund. Facts: The wife seeks orders in accordance with s.90XT(1)(b) of the Act to receive 75% of the husband’s interest in his B Superannuation fund and that the furniture, furnishings and effects presently held in shipping container be declared the sole property of the wife. In 2012, the wife was diagnosed with a medical condition. This is a chronic condition, which has a significant impact on the wife’s overall health and ability to enjoy life. The condition has recently impacted upon the wife’s

Valdemar & Micali [2020] FCCA 2965 (30 October 2020) This case involves the father seeking a court order so that the mother relocate their child to its former living region despite the mental illness of the child. Facts: Final consent parenting Orders were made in this Court providing, inter alia, that the parties have equal shared parental responsibility for the child; that the child live the Mother; that the Father spend time with the child, in the aggregate, for five nights each fortnight, during school holidays and on special occasions. The Mother relocated the child’s residence to Town B. Previously, the child had been living and attending school in the Suburb D area with the Mother

Hewson & Hewson [2020] FCCA 2886 (23 October 2020) This case involves an applicant-father who is self-represented during the parenting proceedings seeking for costs order on an indemnity basis. Facts: The parties to these proceedings are the applicant father Mr Hewson and the respondent mother Ms Hewson. There is one child of the relationship, namely, X born 2018. X lives with the applicant pursuant to final orders of this Court. The applicant pressed the Court to make an order for costs as sought by him in his Amended Initiating Application filed being, “that the mother, Ms Hewson pay to the Father, Mr Hewson all associated costs incurred in this court matter”. The total amount of costs

Samadi & Amaya [2020] FCCA 2936 (29 October 2020) This is an application for property adjustment under s.79 of the Family Law Act 1975. The application was filed by the husband. The wife has not participated in the proceedings at all. Facts: the husband initially proposed a 50:50 split of the parties’ assets. At the first final hearing, he sought  !00% of the parties’ assets. However, at the second final hearing, the husband returned to his initial proposal of a 50:50 split. The wife has not participated in the proceedings at all. The husband submitted that the parties made equal contributions during the marriage, with the husband being the primary breadwinner and the wife being the prim

Albert & Workman [2020] FCCA 2979 (4 August 2020) This case involves the father seeking unsupervised time with his children despite a recent incident which involved the father perpetrating violence towards his partner. Facts: This is an  interim parenting arrangements for two children:  X, who is twelve years of age, and Y, who is ten years of age. They are the children of the Applicant Father, Mr Albert, and the Respondent Mother, Ms Workman. They were instituted by the Father on 30 August 2019 because, put simply, his parenting relationship with the children had effectively broken down. This arises as a result of an incident that occurred in May 2019, which involved the Father perpetra

Bonner & Lancaster [2020] FCCA 2956 (30 October 2020) This case involves the father’s application to reinstitute a parenting proceeding due to recent hearsay information acquired by the father. Facts: The father seeks to pursue further proceedings in respect of X’s care notwithstanding that there has previously been a lengthy and thorough investigation into what are the appropriate arrangements for her care. The salient orders of of 27 September 2017, which were made with the consent of the father and the mother and the approval of the independent children’s lawyer, can be summarised as follows: That X live with her mother; Each party be restrained from consuming illicit substances or dr

Rai & Sankar & Anor (No.2) [2020] FCCA 2913 (29 October 2020) This case involves the father filing for a departure application with respect to his payment of child support and also asks for an interim parenting order so that he could spend time with his children. Facts: The judgment relateS to the most recent and competing interim parenting applications and a departure application brought by the father in respect of the assessment for payment of child support to which he is subject. As at 20 August 2020, the father owes $25,105 in child support payments. He seeks a departure order from the administrative assessment such that the annual rate be varied from his taxable income to the se

Moorcroft & Moorcroft (No.5) [2020] FCCA 2917 (28 October 2020) This case involves the husband seeking recovery of the money paid by his employer to the wife pursuant to a Third Party Debt Notice due to the fact that there was a prior suspension order made by the court. Facts: The husband owed, as a debt, the sum of $130,893.04 to the wife being made up of a $10,000 costs order made by the Full Court of the Family Court of Australia, $3,734 being costs of the Applications in a Case filed by the wife and $117,159.04 expended by the wife. The Third Party Debt Notice required B Ltd to pay the wife from the husband’s periodic income, the sum of $4,544.55 per pay, until the amount of $130,893

Grist & Grist FCCA 2992 (12 October 2020)  This is an application filed by the father seeking to transfer his children to a private school after allegedly acquiring millions of dollars. Facts: The father says that now that he has come into money he wants the children to have the benefit of attending elite private schools, which he says he will pay for.  The mother raises concerns, firstly, as to whether there has been a need shown for the children to change schools and, secondly, where it is quite clear she is not in a position to pay for these expensive schools, either as to the fees or as to the additional costs that come with private schooling, she says that she is concerned about the

Menser & Tatlow [2020] FCCA 2879 (23 October 2020) Facts: The children have been in the father's care since 2 October 2020, initially pursuant to Court orders for school holiday time and then not returned on 12 October 2020 to the mother in accordance with those orders. The father says that he has long held concerns as to the well-being of the children in the mother's care. Specifically the father says that on 5 October 2020 X disclosed to him that she had been self-harming by cutting herself with a knife or scissors at both home and school.  She showed him cuts on her arms and legs. He says that the mother had not disclosed this to him.  Secondly, X disclosed that she is unhappy in her