Death no protection from property settlement

Facts In the recent decision of Whooten & Frost (Deceased) [2017] FamCA 975, Justice Cronin explored the power of the Family Court to make orders following the death of a party to proceedings. The Wife (Whooten) and Husband (Frost) had married in 2003 and divorced in June 2015. Between the time ...

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Elderly couples and family law

An issue facing many elderly couples is when they become involuntarily separated from each other because of their declining physical or mental health.  This is most common when one spouse is moved to a nursing or aged care facility and out of the marital home. It is useful for family members of eld...

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New Court Appointments

Attorney-General George Brandis last week named Federal Circuit Court Chief Judge John Pascoe as the new Chief Justice of the Family Court, replacing the retiring Chief Justice Diana Bryant. William Alstergren QC, current President of the Australian Bar Association, has been appointed Chief Judge of...

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Family Law System to be reviewed

The Federal Government has announced that the Australian Law Reform Commission will undertake the most comprehensive review of the Family Law System since 1976. While there is some disagreement between the Opposition and Government in relation to some aspects of the review, it is expected that there...

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Secret recordings deemed admissible by the Court

In the recent matter of Jasper & Corrigan (No. 2) [2017] FCCA 1467 Judge Altobelli was asked to determine the admissibility of conversations secretly recorded by the mother without the knowledge of the father. The substantive issue before the Court in this matter was the existence of a de facto ...

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