
Public Judgments
A curated collection of recent judgments highlighting systemic inconsistencies, the impact of judicial discretion, and the outcomes of complex family law matters.
Filters
15 Jan 2024
Anderson & Anderson
[2024] FCoA 12
Appeal dismissed. The primary judge correctly identified an unacceptable risk of harm to the children from the father, despite his claims of parental alienation. The court prioritised the safety of the children over the benefit of a meaningful relationship.
12 Nov 2023
Bennett v Roy
[2023] FCoA 88
The husband failed to disclose significant cryptocurrency assets held in cold storage. The court ordered a 70/30 split in favour of the wife and ordered the husband to pay the wife's legal costs on an indemnity basis.
02 Feb 2024
C v D
[2024] FCoA 5
Mother permitted to relocate to the United Kingdom with the 4-year-old child. The court found the mother's declining mental health and lack of support network in Australia outweighed the benefit of frequent in-person contact with the father.
05 Dec 2023
E v F
[2023] FCoA 156
Application for urgent spousal maintenance refused. The court found the applicant had capacity to support herself despite being out of the workforce for 10 years, citing her previous qualifications and the current job market.
28 Feb 2024
G v H
[2024] FCoA 33
Application to remove the Independent Children's Lawyer (ICL) for apprehended bias refused. The court emphasised the high threshold for removing an ICL and found the ICL's conduct was within the scope of their role.
15 Jul 2023
Wilson v Wilson
[2023] FCoA 101
Wife denied maintenance despite husband earning $500k/year and wife being unable to work due to care duties. The judge imputed an income to the wife based on a theoretical ability to work part-time.