Cases published July/August 2018

Family Court of Australia

Jillet & Murdoch (No. 2) [2018] FamCA 604 (10 August 2018)

FAMILY LAW – COSTS – Where the Independent Children’s Lawyer seeks that the parties pay the ICL’s costs of the proceedings – Where the mother and father oppose paying costs – Where both parties have the financial capacity to contribute to the ICL’s costs – Where neither party was wholly successful in the proceedings – Where costs of an interim hearing were reserved to final trial – Where the mother was wholly unsuccessful in that interim hearing – Where it is appropriate that the mother pay the ICL’s costs of an incidental to that interim hearing – Where otherwise it is appropriate that the parties both contribute to the ICL’s costs of the proceedings – Orders made.

Family Court of Australia – Full Court

Secretary, Department of Family and Community Services & Magoulas [2018] FamCAFC 165 (28 August 2018)

FAMILY LAW – APPEAL – CHILD ABDUCTION – Hague Convention – Application for return order made more than one year after the child was wrongfully removed/retained in Australia – Where child settled in Australia – Whether there is a residual discretion to make an order for return – Regulations 15 and 16 Family Law (Child Abduction Regulations) govern power to make order for return – Where return order can only be made as provided for in reg 16 – No residual discretion – Where court obliged to dismiss application – Appeal dismissed.