Skip to content Skip to footer

Cases published February 2018

Family Court of Australia Department of Family and Community Services & Magoulas [2018] FamCA 102 (27 February 2018) Child abduction - Hague convention application - application by the secretary of the department of family and community services for the return of an eight year old child to the Ukraine - dispute about whether the child…

Cases published December 2017

Family Court of Australia Johnson & Charles (No 2) [2017] FamCA 973 (27 November 2017) Parenting – Independent Children's Lawyer – Application to discharge the Independent Children's Lawyer refused. Mohr & Sanders (No 2) [2017] FamCA 899 (8 November 2017) Costs – Independent Children's Lawyer’s application for costs dismissed    

AIFS project- Children and Young People in Separated Families

The Australian Institute of Family Studies (AIFS) are conducting a new study to find out how family law services can best help children when their parents separate. They would like to talk to young people aged 10-17 years and a parent about their experiences. As a thank you for their participation, young people will be offered a…

Cases published November 2017

Family Court of Australia- Full Court Re: Kelvin [2017] FamCAFC 258 (30 November 2017) Case stated – parenting – Gender Dysphoria – where s67ZC(1) and s69ZH of the Family Law Act 1975 (Cth) confer power on the Family Court of Australia to determine applications concerning the administration of Stage 2 medical treatment for Gender Dysphoria…

Cases published September 2017

Family Court of Australia Vesey & Lygon [2017] FamCA 717 (15 September 2017) Parenting – allegations of abuse – where both the mother and father have a long history of illicit substance abuse – where the mother and father have criminal convictions – where the father has intellectual impairments and an anxiety disorder with depressive…

Cases published August 2017

Family Court of Australia  Glavas & Forsyth and Anor [2017] FamCA 641 (25 August 2017) Parenting – allegations of abuse of children by father resiled from– where the father, maternal grandmother, and Independent Children’s Lawyer tendered written terms of settlement – where the state child welfare authority asserted the allegations of sexual abuse were substantiated, refused…

Cases published July 2017

Family Court of Australia Full Court   Arthur & Secretary, Department of Family & Community Services and Anor [2017] FamCAFC 111 (29 June 2017) Child abduction – Hague convention – wrongful removal – where the primary judge ordered the return of the child to New Zealand subject to conditions – where the mother appealed the return…

New ICL GOOD PRACTICE GUIDE developed by Legal Aid NSW in collaboration with the Centre for Children and Young People at Southern Cross University

We are proud to release the new Legal Aid NSW ICL Family Law Good Best Practice Guide and accompanying aide memoire .   The Guide will be formally launched in NSW at the NSW Legal Aid Child Representation Conference in November 2017 and then nationally at the National ICL Conference in 2018.   PROJECT BACKGROUND: In 2014 LANSW entered…

Cases published May 2017

  Family Court of Australia Duarte & Morse [2017] FamCA 350 (16 May 2017) Parenting – interim - discharge of the Independent Children's Lawyer – Application for writ of Certiorari – whether the Court has jurisdiction to issue writ of Certiorari – whether the Court should restore previous Interim parenting orders – whether the Court should…

Cases published March/April 2017

Family Court of Australia Full Court Gong & Wei [2017] FamCAFC 55 (4 April 2017) Interim parenting orders – where the mother appeals against interim parenting orders which provide for equal shared parental responsibility, remove the previously ordered supervision of the children’s time with the father and increase that time – where the primary judge did…