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...
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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 ...
Read moreTeenager’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...
Read moreGrounds 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...
Read moreFamily 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...
Read moreOrders 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...
Read moreChallenging 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’...
Read moreNicholes 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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Another great discussion today with the @JOY949 Drive Team and @nicholes_law Managing Partner @sally_nicholes, talk… twitter.com/i/web/status/1…
It’s Drive time on @JOY949 and at 4.40pm @nicholes_law Managing Partner @sally_nicholes will be discussing how Alte… twitter.com/i/web/status/1…
Tune in today at 4.40pm when @nicholes_law Managing Partner @sally_nicholes is on @JOY949 Drive, discussing how Alt… twitter.com/i/web/status/1…