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The case of Darley & Darley (No 10) involves an application by Ms. Darley, seeking to provide subpoenaed financial documents from Westpac Banking Corporation and AD Finance to the Administrative Appeals Tribunal, Child Support and Centrelink in relation to child support proceedings. The respondent, Mr. Darley, opposes the application. Issue: The primary issue in the case of Darley & Darley (No 10) was whether the applicant should be allowed to use subpoenaed financial documents in separate proceedings within the Administrative Appeals Tribunal, Child Support and Centrelink. The respondent opposed the application. Rule: The governing rule is found within Rule 6.04 of the Federal Circu
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Unraveling the ICL Enigma: Unjustified Barriers and the Quest for Fair Child Contact Rights
Hello FLAST Member, Here is the FLAST-AI response to your question. Question I have evidence that the ICL has given one party some legal advice. This legal advice was to help further restrict me from having contact with the children, this despite no evidence of harm by myself.I have been advised that the ICL is not to provide Legal Advice to either party, what can I do? Answer LEGALEASE OUTPUT: ( FLAST-AI Converts your question into Facts and Issues)Facts:1. The Independent Children's Lawyer (ICL) has allegedly provided legal advice to one party.2. The purpose of the legal advice was to further limit my contact with the children.3. There is no evidence of harm caused by me to the children.4.
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Family Court Fiasco: Mother's Legal Team Challenges Expert's Credibility Amid Media Maelstrom
Moyland & Shearer [2023] FedCFamC2F 1202   The case of Moyland & Shearer [2023] FedCFamC2F 1202 pertains to an oral application made by the respondent mother, seeking to discharge a single expert witness, Dr B, based on an anonymised media article. The court dismissed the application due to lack of evidence, procedural irregularities, and failure to comply with court rules regarding filing affidavits. The court also criticized the attempt to link the expert witness with unnamed individuals in the media article.  Facts: The case at hand involves a dispute within the Family Court system. A central issue in this case revolves around an Affidavit, in which a mother (the respondent) seeks
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What’s the worst that can happen if my child (11) refuses to go to their dads for the longer periods over school holidays?
AnswerFacts: 1. The child in question, aged 11, is resisting court-ordered visits to her father's house during school holidays.2. The court order mandates a full week of visitation during school holidays, in addition to alternate weekend visits.3. The child expresses discomfort with issues present at the father's residence, which the father has not acknowledged or addressed.4. The child is willing to visit on alternate weekends but refuses to stay for more than two nights at a time.5. The mother is unable to physically compel the child to adhere to the court-ordered visitation schedule. Issues:1. The potential legal consequences if the mother does not enforce the court-ordered visitat
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Hello Anonymous, Here is the FLAST-AI response to your question. Question Question regarding Final Family Court Orders for those with teens.We have had final orders in place for several years with the other parent having only visits for 7hrs once per week, no overnights, no calls etc, holidays etc and I have full parental responsibility.We spilt when the kids were 1 and 2 and the other parent had had very little influence in their lives and had basically made everything harder.The kids are now almost 14 and 15 and don't want to have to go every week. The relationship is not good and the other parent is not a very nice person (not going into details here).I receive conflicting information abo
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Rubra & Potter [2023] FedCFamC1A 159 (18 September 2023)In the case of Rubra & Potter [2023] FedCFamC1A 159, a pivotal custody decision was reversed due to a privacy breach in mediation. The primary judge had moved a child from her mother's care to her father's based on fabricated allegations of sexual abuse, which the judge believed were made by the mother. However, the Appeals Court found that the primary judge erred by using information from a mediation session, contravening the absolute non-admissibility rule outlined in the Family Law Act. As a result, the appeal was allowed, previous orders were set aside, and new parenting arrangements were established. This case underscores t
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Fair Split: Landmark Ruling in De Facto Relationship Case Considers Family Violence and Contributions
Ward & Casolani [2022] FedCFamC1F 792 The case involves the division of assets and financial resources after the end of a de facto relationship. The main issues are assessing the contributions of each party, considering the impact of family violence, and determining if adjustments should be made. The Family Law Act 1975 is applied, specifically sections 79(2) and 90SF(3). Both parties made significant contributions, but the mother's contributions were deemed more arduous due to family violence. A split of assets favoring the mother at 55:45 is determined, and an additional adjustment of five percent is made under section 90SF(3) considering factors such as the mother's role as primary ca
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Bligh & Trott Custody Appeal: Lessons on Bias, Counsel Competence, and Security Costs
Bligh & Trott [2023] FedCFamC1A 95 (7 June 2023) The case of Bligh & Trott involves an appeal from Mr. Bligh against orders made in family court concerning the custody and care of the couple's child. The appeal addresses several grounds including alleged incompetence of counsel, bias of the primary judge, and failure to adjourn the hearing. Facts: The primary issues involved in this case relate to the custody and care of a child born to Mr. Bligh and Ms. Trott. In February, orders were made by consent for the child to live with the respondent (Ms. Trott) and for her to have sole parental responsibility for him. In April, further orders were made that Mr. Bligh should have no contact
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Appeal Dismissed in Family Law Property Settlement Case on Grounds of Procedural Fairness
Kemper & Kemper [2023] FedCFamC1A 96 (21 June 2023) The case of Kemper & Kemper deals with an appeal against a property settlement order in a family law matter. The husband, Mr. Kemper, lodged the appeal alleging procedural unfairness during the trial and inadequacy of reasons given by the primary judge. Facts: The couple separated after roughly 30 years of marriage, with one adult child. The main asset was a property held by a company where the husband and his late father were shareholders. After separation, the husband sold some of the company's water access licenses without notifying his wife, which led to a breach of court orders. He also failed to comply with orders to file nece
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Family Court Dismisses Appeal by Vexatious Litigant Seeking Leave to Commence Fresh Parenting Proceedings
Spencer (No 2) [2023] FedCFamC1A 92 (13 June 2023) This case is an appeal case that took place in the Federal Circuit and Family Court of Australia. The main subject of the case revolves around family law and issues related to a vexatious litigant. Facts: Ms. Spencer, the applicant, sought leave to appeal against the dismissal of her application to commence fresh proceedings in relation to parenting orders. It was her twenty-second application under section s102QE of the Family Law Act. All previous applications had been dismissed. The primary judge refused her application on grounds that it was vexatious as it lacked reasonable prospects of success. Issue: The issue in this case revolves ar
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Battle of Financial Disparities: A Deep Dive into Laska & Garvey
Laska & Garvey (No 2) [2023] FedCFamC1A 94 (16 June 2023) The case, Laska & Garvey (No 2) [2023] FedCFamC1A 94, involves an appeal from interlocutory orders made by a judge of the Federal Circuit and Family Court of Australia. The appellant, Ms. Laska, had filed for an Application in a Proceeding seeking various orders including spouse maintenance and property settlement. The primary judge dismissed her application. Facts: The parties in this case were engaged in property settlement proceedings. They had separated either in late 2019 or early 2020 and had six children, three of whom were adults. The five younger children were living with the appellant. Their significant assets includ
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Appeal Dismissed in Property Settlement Case: Federal Circuit and Family Court Upholds Business Valuation
Gare & Farlow [2023] FedCFamC1A 98 (23 June 2023) Introduction: The Gare & Farlow case is a family law appeal concerning property settlement orders. The appellant, Ms. Gare, argued that the primary judge overvalued her business, resulting in her having to pay a larger cash sum to her ex-husband, Mr. Farlow, than she should have been required to. She also contested the admission of evidence from Mr. Farlow's expert witness regarding the value of the business. Facts: The parties began cohabitating in and married soon after. They separated but continued living together with their two children until Mr. Farlow left the home. Ms. Gare launched proceedings seeking property settlement order
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