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News from the Bench – cases of interest from the Full Court of Family Court

News from the Bench – cases of interest from the Full Court of Family Court

By LIV Family Law and Collaborative Practice Section

Child Welfare Divorce Family Court 


MANKIEWICZ AND ANOR & SWALLOW AND ANOR [2016] FamCAFC 153 (16 August 2016) (Ryan, Murphy & Austin JJ)

Appeal by great grandparents to a finding they had no standing to institute parenting proceedings to spend time with their grandchild. Issues in case include whether judge had jurisdiction to hear fresh application noting their previous application had been dismissed as vexatious and applicants restrained from instituting proceedings. Example of case in which indemnity costs made in a parenting proceeding.

OSWALD & KARRINGTON [2016] FamCAFC 152 (16 August 2016) (Ainslie-Wallace, Aldridge & Kent JJ)

Mother successfully appealed a coercive order made by the trial judge as to where she was to live in a relocation case. Trial judge found to have erred when considering s65DAA and s60CC factors by not considering risk to children if they moved back to father’s town.

TINDALL & SALDO [2016] FamCAFC 146 (10 August 2016) (Ainslie-Wallace, Aldridge & Kent JJ)

Appeal was allowed on basis that trial judge failed to properly consider principles in Rice v Asplund, failed to give sufficient weight to evidence of family violence, gave insufficient weight to mother’s fears without proper consideration of evidence of violence and demonstrated appealable error by elevating the wishes of the child to see their father against the primary consideration of the protecting the child from harm.

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