Varying Parenting Orders based on the case of Rice v Asplund

A recent judgment from the Full Court of the Family Court dealt with an appeal against interim parenting orders. It involved a discussion about what is now known as the rule in Rice and Asplund [1978] FamCA 84. In the Rice and Asplund matter, the mother applied to the Family Court to vary the Fina...

26 April 2018

The Potential Consequences of Parental Alienation

The case of Lankester & Cribb [2018] FamCAFC60 demonstrates the potential consequences of parental alienation. This includes but is not limited to moving the child from the primary care of one parent to the other, ordering sole parental responsibility and preventing the child from spending time ...

27 April 2017

Teenager’s Views Not Always Decisive

In the recent High Court decision of Bondelmonte v Bondelmonte [2017] HCA 8 the issue of the weight to be given to children’s views as to their living arrangements was considered in circumstances where the father had removed the children to New York. The parents had separated in 2010 and at the ti...

20 February 2017

Grounds for expediting an Appeal

The Full Court of the Family Court of Australia recently heard an application to expedite an appeal in the matter of Nimmo & Bush [2016] FamCAFC 274. In November 2016, the father of a 4 year old child filed a Notice of Appeal against Orders made by Judge Street. The father’s 24 grounds of appe...

3 November 2016

Family Court assists litigant suffering PTSD in Appeal

The Appeals Division of the Family Court of Australia has recently released a judgement in the matter of Kovacs & Graham and Anor (2016) FLC 93-733 allowing for the reinstatement of five appeals by the father after they had been deemed abandoned. On 21 October 2015 the Court had granted the moth...

31 October 2016

Orders awarding the husband 71% of the assets available upheld on appeal

In The Full Court of the Family Court of Australia decision of Gao & Wang (2016) FLC 93-735 the Court was asked to consider the appeal of a de facto wife against property orders . Previously the trial judge had made orders awarding the husband 71% of the assets available at the time of the [&h...

6 July 2016

Challenging bankruptcy in property settlement proceedings where it had been finalised in the Federal Court of Australia

Sresbodan & Sresbodan and Ors [2016] FamCAFC 88 The Full Court of the Family Court of Australia recently determined an appeal filed by Mr Sresbodan (‘the husband’) against property settlement orders made by Justice Aldridge on 6 July 2015 in the Family Court of Australia. Justice Aldridge’...

6 June 2016

Nicholes Family Lawyers successful in defending appeal against anti-suit injunction

Nicholes Family Lawyers were recently successful in defending an appeal before the Full Court of the Family Court of Australia in the matter of Cole & Abati [2016]. The appellant husband is an Australian citizen who owns assets in Australia, and New Zealand which are worth approximately $60 mill...

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