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Recent Family Law Judgments - Appeals


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Costa & Fairbank (SSAT Appeal) [2010] FMCAfam 39 (22 February 2010)
Catchwords:
CHILD SUPPORT - Appeal from decision of SSAT - whether the SSAT erred in finding special circumstances for departure - whether SSAT erred in its considerations of the income and expenses of the applicant.

Fitzpatrick & Power [2010] FamCAFC 22 (22 February 2010)
Catchwords:
FAMILY LAW - APPEAL - CHILDREN - RELOCATION - appeal from a Federal Magistrate decision - interim orders - where the Federal Magistrate made orders allowing the mother to relocate with the child from country New South Wales to a town in Que

Stephens & Stephens (Stay Application) [2010] FamCAFC 20 (19 February 2010)
Catchwords:
FAMILY LAW - PROPERTY - STAY APPLICATION - PENDING SPECIAL LEAVE TO APPEAL TO HIGH COURT - Application for stay of orders of the Full Court and the orders of a single judge in the appellate jurisdiction of the Family Court of Australia - Wh

Loude & Loude (Re-determination) [2010] FamCAFC 19 (19 February 2010)
Catchwords:
FAMILY LAW - APPEAL - RE-DETERMINATION - Where the husband appealed the orders of the Federal Magistrate - Where the appeal was allowed and orders provided for the parties to make submission in relation to the re-determination of the matter

Rummler & Cottrell [2010] FamCAFC 17 (17 February 2010)
Catchwords:
FAMILY LAW - APPEAL - FROM A DECISION OF A FEDERAL MAGISTRATE - Mother appealed refusal to grant a passport for specified period of travel to the US - Period for travel has passed - Utility in appeal considered - Federal Magistrate's approa

Whisler & Whisler [2010] FamCAFC 18 (17 February 2010)
Catchwords:
FAMILY LAW - APPEAL - FROM A DECISION OF A FEDERAL MAGISTRATE - Appeal against parenting and property orders - Challenge to property orders hinged upon the appeal against the parenting orders - Parties conceded that the spousal maintenance

Elton & Batey-Elton (No. 2) [2010] FamCA 106 (15 February 2010)
Catchwords:
FAMILY LAW - PRACTICE AND PROCEDURE - Stay pending appeal - Stay refused

Watanabe & Watanabe (SSAT Appeal) [2010] FMCAfam 94 (11 February 2010)
Catchwords:
CHILD SUPPORT - Appeal from SSAT - interpretation of orders - percentage of care - how to be calculated.

Allen & Green [2010] FamCAFC 14 (9 February 2010)
Catchwords:
FAMILY LAW - APPEAL - PARENTING ORDERS - INTERIM ORDERS - PROCEDURAL FAIRNESS - Whether the Federal Magistrate erred in relying on material not tendered in the proceedings - Where the material was not

SS & AH [2010] FamCAFC 13 (5 February 2010)
Catchwords:
FAMILY LAW - APPEAL - CHILDREN - Wishes of the children - Weight to be attributed to children's wishes - Children aged 15 and 11 - Both children expressed strong wish not to see the mother - trial Judge entitled to place significant weight



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