FAMILY LAW – recusal application – alleged actual bias or apprehended bias – inadmissible hearsay evidence – false assertions about personal or social relationship between lawyer who prepared financial agreements and judge – vague and unsubstantiated assertions that judges of this court decide matters other than on merits and according to law – recusal application dismissed.

FAMILY LAW – practice and procedure – proceedings to which the Evidence Act 1995 (Cth) applies – hearsay evidence inadmissible  

FAMILY LAW – Interim spousal maintenance – Application for leave to file and prosecute application out of time – Where applicant de facto wife has significant history of mental ill health and hospitalisations – Where respondent de facto husband was paying maintenance on a voluntary basis for a substantial period after separation until recently – Hardship to applicant of not being granted leave to prosecute application established in circumstances where applicant deemed unable to adequately support herself without income tested benefit or pension – Leave granted to file out of time – Interim spousal maintenance ordered – Where applicant’s expenditure is reasonable – Where respondent is able to make small economies in expenditure – Respondent ordered to pay applicant’s rent directly to real estate agent – Respondent ordered to pay applicant’s health insurance in circumstances where she is highly dependent on it.

FAMILY LAW – PARENTING – where the parties had a very short relationship – where the child was born after separation – consideration of parental responsibility and the living arrangements for the child – where the parties agreed on an order for international travel - where there are no significant risk factors – final parenting orders made

FAMILY LAW – PARENTING – Where the child is to spend no time with the respondent and live with the applicant – Where the child makes serious allegations of sexual assault by the applicant that are unfounded – Where the respondent perpetrated family violence being physical violence and coercive or controlling behaviour – Where the child has been a primary and secondary victim of the respondent’s family violence - Where the respondent poses an unacceptable risk of harm to the child – Where the respondent has intentionally and constantly undermined the child’s relationship with the applicant – Where the child holds strong views towards the applicant – Where the child’s views are given little weight – Where the child was estranged from the applicant until interim orders were made in November 2024 that caused an immediate change in residence – Where the respondent’s evidence was dishonest  

FAMILY LAW – Property – final hearing – whether parties reaches agreement many years prior to issue of proceedings – parties SMSF not divided at separation – non superannuation assets divided at separation – found no agreement as alleged – parties remained joint trustees and joint co-borrowers of mortgage debt secured over assets held for SMSF – just and equitable to make property orders – all assets to be taken into account in determining percentage superannuation payment split order – parties to confer and take advise as to form of percentage superannuation splitting orders.   

FAMILY LAW – Property – Subpoena objection – Where husband seeks to obtain third party’s will on subpoena – Where third party is a friend of each of the husband and the wife – Where third party has transferred significant assets to the wife – Where each party has, at one stage or another, been appointed power of attorney for third party – Objection by third party’s solicitor – Where objector argues that parties can obtain will under relevant State Power of Attorney legislation – Where objector argues will should not to be used for any purposes other than administration of the affairs of the testator – Where objector seeks to uphold confidentiality – Potential bequests under will found to be relevant to section 79 and 75(2) analysis – Parties granted access to will produced on subpoena. 

FAMILY LAW – CONTRAVENTION –Whether baptism is an exercise of parental responsibility – Enrolment of child into daycare and school – Unilateral decision making – Contraventions straddle 2023 amendments – Contraventions established – No reasonable excuse   

FAMILY LAW – Interim parenting – Final orders made by consent in May 2022 – Where parties consent to applicant father resuming spend time with children following ex parte intervention order – Intervention order suspending time with children based on reports by mother and children’s therapist  – Where father alleges mother has a history of making false accusations and coaching children to do same – Whether children should continue treatment with therapist – Therapy suspended unless parties agree in writing it should continue – Father ordered to consult therapist and inform himself of children’s therapy – Family therapy and report ordered. 

FAMILY LAW – PRACTICE AND PROCEDURE – where matter listed in the Defaulter’s List for non-compliance with a raft of orders over a ten month period – where matter was previously adjourned to allow parties to ensure compliance and progress the matter along the case management pathway – where the Applicant was not present in Court notwithstanding orders directing same – where neither party has acted in accordance with their mandatory obligations – where extensive and finite Court resources are allocated to the matter – where it is not for litigants to decide what orders or directions they will or will not comply with – where such an attitude is contemptuous of this Court – Application and Response struck out.    

FAMILY LAW – CONTRAVENTION – parenting orders – counts prior to and following 6 May 2024 commencement of amendments to Act – contraventions without reasonable excuse – differing sanction regimes – separate and then global consideration of sanctions to be imposed – post-separation parenting course, fines, compensatory/make up time, bond, costs – explanation of bond prior to entry of orders 

FAMILY LAW - Parenting only – family violence – coercive control – issues of risk in relation to the mother’s alleged prescription and illicit drug misuse – father’s application for change of residence –family report ordered part way through the final hearing – whether the mother poses an unacceptable risk to the children –– mother’s positive hair follicle tests for cocaine and methamphetamine – parenting capacity – father’s ability to promote the children’s relationship with the mother – whether or not there should be a change of residence – impact on the children of the orders sought by the father and the independent children’s lawyer – consideration of conditional orders.  

FAMILY LAW – COSTS – Mother’s Application for costs – No matter of principle

FAMILY LAW – Parenting – Where detailed and careful affidavits of service filed – regional circuit matter – where the matter was listed for mention – where the father did not appear at the hearing – where the court was satisfied the father had been recently released from prison – where the mother made an application to proceed undefended – where the mother sought final orders – where the court is satisfied the father had an opportunity to participate in the proceedings – where there is serious allegations of family violence – where the court proceeded on an undefended basis – where a family violence intervention order was already in place – application for personal protection order refused because of section 114AB(2) – where the orders made were otherwise in line with the mother’s amended application. 

FAMILY LAW – Application for review – final parenting orders – application for extension of time to file a review application

FAMILY LAW – Parenting – interim hearing – section 65DAAA – change in circumstances – clarification of the law at [79] of Radecki – where both parents seek to either vary or obtain further orders – whether change of residence of one parent necessitates a change of school – whether a change of residence and change of residence is only a “small change” and does not qualify the section 65DAAA test – sufficient change of circumstances for the court to reconsider the final orders found and interim orders made for a change of the children’s school.    

FAMILY LAW – PARENTING – allegations of sexualised behaviour on part of child – competing allegations of risk to child including concerns relating to parental mental health and substance abuse – Father presents as unduly suspicious and critical of Mother and her parenting - longstanding equal time arrangement no longer suitable

FAMILY LAW – Parenting – regional circuit matter – undefended hearing – long period where 5-year-old child separated from primary care giver – child impact report made when equal time proceeding – orders made for a 5/9 nights (3 + 1 + 1), half school holidays and equal decision making responsibility as sought by mother. 

FAMILY LAW – Property – Enforcement application – Where wife seeks to enforce consent order providing her sole use and occupation of former matrimonial home – Where existing intervention order pursuant to state law prohibits husband from attending former matrimonial home – No jurisdiction for this court to make consent order in circumstances where matter had already been agitated pursuant to prescribed state law – Application dismissed – Where wife seeks to join husband’s parents to cause them to vacate former matrimonial home – Application for joinder on discrete issue of enforcement application dismissed. 

FAMILY LAW – PARENTING – Best interests of children – orders made. 

FAMILY LAW – DIVORCE – husband’s application for divorce in relation to an overseas marriage – respondent wife opposes application for divorce asserting the marriage the subject of the husband’s amended application was to a person other than her – court satisfied the respondent wife was a party to the marriage the subject of the amended divorce application – application for divorce granted – court satisfied proper arrangements have been made for the care, welfare and development of the child of the marriage – divorce order made, to take effect after the expiration of a period of one month.

FAMILY LAW – PARENTING – where the mother who had a psychiatric disorder passed away shortly after giving birth to twins – children initially placed with the Department who organise for children to live temporarily with the maternal grandparents and then supported the twins being placed with father – maternal grandparents seek orders for twins to live with them – grandparents subsequently agree to Consent Orders for twins to live with the father who is of aboriginal descent and for father to relocate in to the future with the children – when the father relocates the grandparents refuse to return children to his care and commence a second round of family law litigation – grandparents re-agitate issues of father’s mental health and allegations he lived in a household where he was subjected to family violence – where maternal grandparents now blame the father for the suicide death of the mother – family violence has occurred in both households – children of mixed racial heritage – maternal grandparents dispute Aboriginal father’s cultural knowledge – considerations of the children’s right to enjoy their culture with others within that culture

FAMILY LAW – PARENTING – unacceptable risk – mutual allegations of family violence – illicit drug abuse – mental health concerns – history of non-compliance with court orders – limited parental insight – conditions to be attached to progression from supervised to unsupervised time.

FAMILY LAW – CHILDREN – International relocation – Where mother seeks to relocate to United States with child who has a medical condition – Where child requires lifelong medical treatment and support – Where the mother has a disability – Where limited weight is placed on the Single Expert Report – Mother permitted to relocate with the child.  

FAMILY LAW – PROPERTY – lengthy marriage – two children – small asset pool – loan from husband’s parents in dispute – husband’s parents joined as third parties – loan agreement signed by all parties early in marriage – third parties to be repaid funds owed – various contributions deemed to be equal over time – section 75(2) factors favour the wife including care of children and earning capacity – orders for 65 per cent of all assets to be divided in favour of the wife. 

FAMILY LAW – DE-FACTO RELATIONSHIP – INTERIM MAINTENANCE – Whether applicant can adequately support herself – Capacity to meet an order for maintenance 

FAMILY LAW – PARENTING – Review of consent order made in exercise of delegated judicial power – overarching purpose – costs  

FAMILY LAW – PROPERTY – Just and equitable orders made.  

FAMILY LAW – EXTENSION OF TIME – Where an application for a property order is filed four years out of time – Whether the Court should grant leave to institute proceedings – Whether the Applicant will suffer from hardship if leave is not granted – The impact of the legal costs to be paid by the parties on the question of hardship – Whether there is a reasonable explanation for delay – Whether the Respondent will be prejudiced if leave allowed 

FAMILY LAW – Parenting – Defended Final Hearing - Dispute as to arrangements for one child who is four years old – Where there are allegations of family violence – Where the parents live on the border in two different states – Where there is a dispute about which state the child will attend school – Where the court not satisfied that the father perpetrated coercive and controlling family violence – Order made for joint decision-making for major long term issues – Order made for child to live with the mother progressing to week about 

FAMILY LAW – PRACTICE AND PROCEDURE – application for leave to file a notice of ceasing to act made the day before the commencement of the trial – applicant lawyer not physically present at the hearing – whether there are special circumstances that render it expedient to retain the lawyer on record – whether the trial can fairly proceed by AVL representation – application granted and procedural orders made n

FAMILY LAW – Parenting – Recusal application by the Father  – Where proceedings are part-heard – Where the Mother and Father have both been cross-examined in the first tranche of the proceedings – Where the trial was adjourned part-heard to enable a psychiatric assessment and new family report – Where the Father delayed bringing recusal application by more than 3 months – Where Father claims excessive judicial intervention and lack of procedural fairness – Application dismissed   

FAMILY LAW – PRACTICE AND PROCEDURE – application in a proceeding – application to reopen evidence of final hearing – application dismissed.  

FAMILY LAW – Parenting – final orders – child live with mother – mother have sole decision making relating to health and education – father spend each alternate Saturday with child – further time between father and child including overnight time as agreed between parties – where the father changes his position during proceedings – father to enrol in a parenting program 

FAMILY LAW – PROCEDURE- dispensing with the need to comply with the Notice to Produce under r 1.31 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)

FAMILY LAW – PROPERTY – Interim hearing – partial property settlement – spousal maintenance – sale of property – orders made, inter alia, for partial property settlement and spousal maintenance.

FAMILY LAW –  recovery order arising from after hours service – subsequent attempt to comply with order for return of child made before recovery order – subsequent order that recovery order “lie in the registry” – subsequent advise child returned – recovery order vacated

FAMILY LAW – PARENTING – Where the subject child is 7 years of age – Where the child has spent supervised time with the father for a period of two years – Where both parties have unilaterally taken the child overseas post separation - Where there are significant allegations of family violence perpetrated against the mother and the child by the father –Where the mother seeks orders that the child spend no time with the father - Where the father alleges that the mother’s partner has sexually abused the child – Where despite the father’s allegations of sexual abuse perpetrated by the mother’s new partner he seeks that the child live with the parties on an equal shared care arrangement – Where the Father alleges the mother has fabricated allegations to alienate the child from him - Where the father relies on the mother allowing unsupervised time between him and the child post separation as the basis of the orders sought by him – Findings made that the father perpetrated family violence including coercive and controlling behaviours upon the mother and the child – Finding made that the father cannot positively support a relationship between the child and the mother – Finding that the parties’ parenting relationship is reflective of a dynamic arising from the father’s controlling family violence - Finding that the family violence perpetrated by the father is a contradiction to an order for equal shared parental responsibility - Finding that the culmination of risks posed by the father cannot be sufficiently ameliorated by supervision or otherwise – Orders made that the child spend no time with the father.  

FAMILY LAW – CONTRAVENTION – Costs – Parenting – Where it was alleged the father contravened by overholding the child following periods of time spending – Where the father admitted the breaches at the commencement of Trial but maintained he had a reasonable excuse – Where after giving evidence at Trial, the father plead guilty to each count without reasonable excuse – Father to enter into a Bond – Orders for costs. 

FAMILY LAW – Harman and/or implied obligation – are special circumstances required the documents in another court – whether special circumstances in this application – very late application – whether costs should be ordered – special circumstances found – applicant released from implied obligation

FAMILY LAW – PARENTING – interim application after matter not reached – stood over till final hearing date

FAMILY LAW – Parenting – two male children aged 11 and 9 – second round of parenting proceedings – where the parties consented to final orders in December 2018 – where the parties had difficulty implementing the final orders – where the parties’ communication was unproductive – where the two boys where being dragged into the conflict by both parents – where the relationship between the father and the children began to break down in part due to disclosures of physical abuse in the father’s care by the children – where the children became resistant to spending time and communicating with the father – where the children are now estranged from the father and fearful of him – where the Court considers there would be an emotional or psychological risk to the children if they were required to spend time with the father – best interests of the children.

BANKRUPTCY – VESTING ORDER AS TO DISCLAIMED PROPERTY – Where a bankrupt was the registered proprietor of Torrens system land – Where the Trustee disclaimed the property – Where the State of Victoria sought a vesting order – Where the Court considered it was just and equitable for the vesting of the property in the State of Victoria – Orders made

FAIR WORK – general protections application lodged one day after proscribed time – where short delay due to representative error - no particular prejudice to the respondent - at least the basis of a claim articulated – extension of time granted

MIGRATION – Protection (subclass 866) visa – Application for review of Registrar’s dismissal of reinstatement application – Extension of time sought – Consideration of length of time and reasons for delay in filing review application – Consideration of reinstatement application –  Reasons for non-attendance at court leading to dismissal of substantive application wholly inadequate – evidence of applicant unreliable – Substantive application raised no arguable grounds – Extension of time refused  – Application for review dismissed with costs

MIGRATION – protection visa – application for review of a summary dismissal decision made by a Registrar – where an application for review of the delegate’s decision was lodged out of time and therefore Tribunal lacked jurisdiction – no jurisdictional error identified - application cannot succeed and is dismissed with costs

MIGRATION – Protection (Class XA) (subclass 866) visa – Refugee Review Tribunal – Application for Extension of Time – Delay of 5,184 days – No arguable jurisdictional error on proposed grounds – Extension of Time refused – Application for judicial review dismissed with costs

FAIR WORK – alleged breach of contract – alleged underpayments and unlawful deductions in contravention of the Fair Work Act 2009 (Cth) with cross claim to rectify alleged overpayment – where the Applicant’s remuneration was reduced following the First Respondent’s loss of a significant contract and, subsequently, unilateral deductions were made.

GENERAL PROTECTIONS – various adverse actions including dismissal taken in alleged contravention of s.340 of the Act – where Applicant had complained about remuneration and was summarily dismissed for alleged serious misconduct in respect of communications with clients. 

CONSTITUTION – Exercise of delegated power by Registrar – nature of de novo review

MIGRATION – Registrar’s decision affirmed and review dismissed as no arguable case for extension of time

BANKRUPTCY – Interlocutory Application – Ex tempore judgment – Application dismissed

MIGRATION – Extension of time in which to commence s 476 Migration Act review – foreshadowed challenge to rationally based credit findings of the Tribunal cannot succeed – not in the interests of justice to extend time – application to do so dismissed