When making orders for property division in family law disputes, the Court looks, among other things, at the future needs of the parties, including their respective income earning capacities (Family Law Act s 75(2)(b)). But what happens when earning capacity is affected by the would-be property orde...
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No parentage for sperm donors: Parsons and Anor & Masson [2018] FamCAFC 115
In the recent case of Parsons and Anor & Masson [2018] FamCAFC 115, the Full Court of the Family Court held that sperm donors are not legal parents of children born via artificial technology using their sperm, regardless of the mother’s relationship status at the time of conception. The judgme...
Read moreSubstitution of Parties to Recover Taxation Debts
It is not uncommon for a party to have a taxation liability but no means to meet it, especially when the income arises through a distribution from a Family Trust. In these situations, the party may be reliant on their higher earning partner to meet their liabilities. The recent Full Court of the Fam...
Read moreRe Kelvin decision a positive outcome for transgender children
After much anticipation, the Full Court of the Family Court delivered their judgment in Re Kelvin. The Court held that children with Gender Dysphoria who wish to commence Stage 2 hormonal treatment no longer require court authorisation to commence the treatment. Previously, the parents of transgende...
Read moreCouple lose parentage declaration over surrogate child
Recently in the case of, Bernieres and Anor v Dhopal and Anor (2017) FLC 93-793, the Full Court of the Family Court of Australia delivered Judgment on some key issues relating to the legal position of parents in commercial surrogacy agreements. The appeal was made by Australian couple Mr and Mrs Ber...
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 moreSuperannuation taken as a Pension: Part of the pool or financial resource?
In Russo & Wylie [2016] FamCAFC 227, the Full Court heard an appeal against property orders made by Judge Cole. Judge Cole’s orders divided property between the parties on the basis that the Appellant was to receive 57% of the asset pool, and the Respondent was to receive 43% of the asset pool...
Read moreEgg donor found to be a parent after proving existence of de facto relationship
In the case Clarence & Crisp [2016] FamCAFC 157 the Full Court of the Family Court recently released judgment identifying the legal parent of a child conceived through an artificial conception procedure. The appellant in the matter was the birth mother of the child, with the respondent being t...
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...
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