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Recent Cases on Family Law

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Recent cases on Family Law

Procedural fairness for children
In a recent case, the High Court considered the operation of the mechanisms for ascertaining the wishes of children subject to proceedings. The matter related to orders returning the children to the country they were removed from. The court concluded that the children were afforded natural justice despite their views on the matter not prevailing.

Case: RCB as litigation guardian of EKV, CEV, CIV v Forrest J [2012] HCA 47


Matrimonial property after one party to the marriage is deceased
The High Court decided in this Family Law matter that the Family Court does have power to make property orders on matrimonial property after a party to the marriage has passed away. In this case, it had not been established that before the wife died it would have been just and equitable to have made a property settlement order.

Case: Stanford v Stanford [2012] HCA 52


Flexible parenting orders
A father was granted a parenting order that would fit in the time he spent with his children with his work roster. The court took into consideration the flexibility of the mother and father and decided that an order would be made to cater for the father’s work roster, rather than apply a standard model based on assumptions about working patterns.

Case: Lees [2012] FMCA 1074


Financial contributions to a marriage versus domestic contributions
In this case, the judge found that the father’s economical contributions to the family business were greater than the wife’s contributions to the home, children and family.

Case: Smith & Fields [2012] FamCA 510


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