Adamo vs. Vinci: Upholding Justice through Procedural Integrity and Evidentiary Standards"Citation:Adamo & Vinci (No 2) [2024] FedCFamC1A 96Introduction:The Federal Circuit and Family Court of Australia, Division 1, delivered a pivotal judgment in the case of Adamo & Vinci (No 2) [2024] FedCFamC1A 96. This appeal case centered around the appellant's attempts to discharge final parenting and property orders, alleging a material change of circumstances and procedural errors by the primary judge.Facts:The appellant (Mr. Adamo) and the respondent (Ms. Vinci) were previously married and have two children.Final parenting and property orders were made in October 2020, with the children prim

Justice Denied: Late Appeal Application Dismissed in Pekkanen v PekkanenCitation:Pekkanen & Pekkanen [2024] FedCFamC1A 97Introduction:In the Federal Circuit and Family Court of Australia, the case of Pekkanen & Pekkanen [2024] FedCFamC1A 97 involved an application for review of a decision made by the appeal registrar. The applicant sought leave to file an appeal out of time. Justice Austin presided over the matter, ultimately dismissing the application due to the lack of a reasonable explanation for the delay and the unlikelihood of success in the proposed appeal.Facts:Parties Involved: Mr. Pekkanen (Applicant), Ms. Pekkanen (Respondent)Nature of the Case: Application for leave to fi

Justice Under Scrutiny: Appellant Challenges Primary Judge's Integrity and Seeks Full Court AppealCitationLim & Zong (No 2) [2024] FedCFamC1A 98IntroductionThe case of Lim & Zong (No 2) revolves around an appellant seeking an appeal to be heard by a Full Court instead of a single judge. The appellant alleges significant errors and deliberate misstatements by the primary judge. The case examines the procedural aspects and the grounds required for such an appeal to be heard by a Full Court.FactsDate of Primary Judgment: 16 April 2024Notice of Appeal Filed: 7 May 2024Primary Judge: Alleged to have made deliberate misstatements.Appellant: Haoyu LiuRespondent: Yuanyuan ZhuNature of Compla

Family Court Rules in Favor of Restricting Father's Access Amid Allegations of Manipulative BehaviorCase CitationLavigne & Gavin (No 2) [2024] FedCFamC2F 737IntroductionIn a recent decision by the Federal Circuit and Family Court of Australia, the case of Lavigne & Gavin (No 2) addressed significant issues regarding parental access and allegations of manipulative behavior. Judge Harland presided over the matter, focusing on the best interests of the children amidst a highly contentious dispute between the parents.FactsThe case involves Terry Robert Down (the father) seeking to review and alter the existing court orders regarding his access to his children. The mother, Anna Clare Cott

Family Court Overturns Property Settlement: Husband’s Financial Misconduct UnveiledCase Citation: Curtain & Curtain (No 4) [2024] FedCFamC1F 348Introduction:In a notable decision, the Federal Circuit and Family Court of Australia overturned a property settlement previously agreed upon in 2016, citing significant non-disclosure of financial information by the husband. Justice Mead’s judgment emphasized the imperative of full and frank disclosure in family law proceedings, setting a precedent for future cases involving financial misconduct.Facts:In 2016, a property settlement order was made between Mr. and Mrs. Curtain, following their separation. Mrs. Curtain later discovered that Mr. Cur

Bias Allegations and Procedural Fairness: A Deep Dive into Lietzau & Lietzau [2024] FedCFamC1A 94Citation:Lietzau & Lietzau [2024] FedCFamC1A 94Introduction:The case of Lietzau & Lietzau [2024] FedCFamC1A 94 revolves around allegations of procedural unfairness and bias in family law proceedings. The father's application for the primary judge's disqualification and the procedural fairness in evidentiary rulings are central to this judgment. The decision highlights the complexities of ensuring fairness in judicial processes while navigating the intricacies of family law disputes.Facts:Parties: The case involves a dispute between the father and mother regarding the custody and paren

De Facto Dilemma: The Court of Appeal Scrutinizes Adequacy of Reasons in Family Law DisputeCitation:Case Name: Waldmann & Paddack [2024] FedCFamC1A 100Introduction:This case deals with the appeal from the Federal Circuit and Family Court of Australia concerning the adequacy of the trial judge's reasons in determining financial orders following the breakdown of a de facto relationship. The central issue revolves around whether the trial judge adequately explained the basis for their findings, particularly concerning the entitlement of the de facto wife to a property settlement.Facts:The Applicant (de facto husband) and Respondent (de facto wife) were in a de facto relationship.Upon the br

Judicial Impartiality at the Forefront: Channing & Channing's Landmark Ruling on RecusalCitationChanning & Channing [2024] FedCFamC1A 99IntroductionThis judgment explores the boundaries of judicial impartiality and the conditions under which a judge should recuse themselves. It sets a precedent for handling cases where the appearance of bias is in question, providing guidance on maintaining the integrity of the judicial process.FactsThe case involves an appeal by Mr. Channing against an earlier decision in a family law matter. The central issue was whether the presiding judge should have recused himself due to alleged bias. Mr. Channing argued that the judge’s prior statements and ac

Apprehended Bias: A Clash of Judicial Conduct in Cole v. Rudzik"Citation: Cole & Rudzik [2024] FedCFamC1A 103Introduction: In the recent case of Cole v. Rudzik, the appellant, Mr. Cole, challenged the decision of the primary judge on the grounds of apprehended bias. This appeal explores significant aspects of judicial conduct, procedural fairness, and the standards required for alleging bias in family law proceedings.Facts: Mr. Cole, the appellant, brought forth an appeal against Ms. Rudzik, the respondent, contesting the judgment rendered by the primary judge in the Federal Circuit and Family Court of Australia. The core of the appeal centered around Mr. Cole’s assertion that the primar

Justice Revisited: Fairness Restored in Jeanes & Gustafsson AppealCitationJeanes & Gustafsson [2024] FedCFamC1A 101IntroductionThis judgment reviews the appeal from a decision of the Federal Circuit and Family Court of Australia (Division 1), where the appellant’s application was dismissed. The central issue on appeal is whether there was a denial of procedural fairness during the initial proceedings.FactsParties: Jeanes (Appellant) and Gustafsson (Respondent).Initial Proceedings: The appellant’s Application in a Proceeding, filed on 15 March 2024, was dismissed by the Federal Circuit and Family Court of Australia (Division 1).Appeal Grounds: The appeal was lodged on the basis that p

Federal Circuit and Family Court of AustraliaDismisses Property Settlement and Spousal Maintenance AppealIntroductionThe case of "Shun & Chiu" was heard in the Federal Circuit and Family Court of Australia, where the appellant husband appealed against orders made by the primary judge dismissing his claims for property settlement and spousal maintenance, as well as the respondent wife’s response seeking orders for a division of property. The judgment delivered on 3 July 2024 by Justices Aldridge, Jarrett, and Campton addresses the grounds of appeal and the reasons for their dismissal.FactsThe appellant husband and respondent wife were involved in a dispute regarding property settlement an

In my capacity as a Mediator a mother approached me for assistance to seek resolution in her matter some weeks before final trial.She wanted to consider her position and see if she could resolve the dispute with the father by accepting consent orders drafted by the father’s lawyers prior to trial. The consent orders would provide the children live with the mother and spend time with the father alternate week-ends and half the holidays, common orders you would see. BACKGROUNDShe has been the primary carer of two children aged 10 and 11 who have special needs being assessed at level 3 on the spectrum, still requiring nappies at this age to give you indication of the severity of their condition