Family Court RC
Legal Judgments

Public Judgments

A curated collection of recent judgments highlighting systemic inconsistencies, the impact of judicial discretion, and the outcomes of complex family law matters.

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Parenting

15 Jan 2024

Anderson & Anderson

[2024] FCoA 12

Appeal Dismissed
Key Issue: Unacceptable Risk

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.

Property

12 Nov 2023

Bennett v Roy

[2023] FCoA 88

Orders Made
Key Issue: Non-Disclosure

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.

Relocation

02 Feb 2024

C v D

[2024] FCoA 5

Relocation Permitted
Key Issue: International Relocation

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.

Financial

05 Dec 2023

E v F

[2023] FCoA 156

Application Dismissed
Key Issue: Spousal Maintenance

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.

Procedure

28 Feb 2024

G v H

[2024] FCoA 33

Application Dismissed
Key Issue: Bias

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.

Financial

15 Jul 2023

Wilson v Wilson

[2023] FCoA 101

Application Dismissed
Key Issue: Spousal Maintenance

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.