-
Wray & Wray
[2022] FedCFamC1F 318
Citation 1
(Para 36)
…sk that a child may be physically, sexually or emotionally harmed if access were to occur, then a trial judge may, in our view, suspend access. [2] [1988] HCA 66. [3] Above n 1.…
-
MACKLEY & MACKLEY
[2015] FCCA 1577
Citation 2
(Para 2)
…In B & B [1988] HCA 66 [2] the High Court endorsed the Full Court’s statement that the assessment of the risk to a child is the ordinary civil standard. At paragraph 7: If a trial Judge considers upon the balance of probabilities that the welfare of the child may be endangered or there is a risk that the child m…
-
ZEEGAS & DUFF
[2015] FCCA 865
Citation 3
(Para 2)
…k that the child may be physically, sexually or emotionally harmed if access were to occur then a trial Judge may, in our view, suspend access. [2] [1988] HCA 66.…
-
KERR & LIPP
[2015] FCCA 1061
Citation 4
(Para 2)
…k that the child may be physically, sexually or emotionally harmed if access were to occur then a trial Judge may, in our view, suspend access. [2] [1988] HCA 66.…
-
Franic and Como
[2014] FCCA 1137
Citation 5
(Para 4)
…k that the child may be physically, sexually or emotionally harmed if access were to occur then a trial Judge may, in our view, suspend access. [2] [1988] HCA 66.…
-
Landy and Warhurst
[2013] FCCA 2101
Citation 6
(Para 16)
…In B & B [1988] HCA 66 the High Court endorsed the Full Court’s statement that the assessment of the risk to a child is the ordinary civil standard. At paragraph 7: If a trial Judge considers upon the balance of probabilities that the welfare of the child may be endangered or there is a risk that the child may b…
-
Pavlinovich Bulk Transport Pty Ltd v Shire Of Kalamunda
[2011] WASC 234
Citation 7
(Para 2)
…By way of analogy, the appellant's counsel relied upon the decision in Davis v The Commonwealth [1988] HCA 66; [1988] 166 CLR 79, which concerned a challenge to restrictions contained in the Australian Bicentennial Authority Act 1980 (Cth). The legislation was introduced for the purpose of planning and promoting…
-
Shaeffer v Jacobs
[2011] FamCAFC 119
Citation 8
(Para 1)
…Honour noted that it may not be in a child’s best interests for a court to make a determination about some factors: M & M (1988) 166 CLR 69; B & B [1988] HCA 66; and that the orders “must be subject to the overall prescription as I have said above of [E]’s best interests.”…
-
Terry and Keeler
[2010] FamCA 665
Citation 9
(Para 23)
…me on a substantially similar issue), considered questions of child abuse in a number of different ways. [11] M & M (1988) 166 CLR 69. [12] B & B [1988] HCA 66. [37] Their Honours (Mason CJ, Brennan, Dawson, Toohey and Gaudron JJ) suggested that:[13] [13] M & M [1988] 166 CLR 69, 76 (The Court). In considering a…
-
WALKEN & BODERT
[2010] FamCA 123
Citation 10
(Para 7)
…ances, not impose upon the children involved to any “unacceptable risk” of being exposed again to abuse. [17] M & M (1988) 166 CLR 69. [18] B & B [1988] HCA 66.…
-
PERCY & DENZEL
[2010] FamCA 175
Citation 11
(Para 12)
…he proper measure of his safety. [14] On “unacceptable risk”, see the decision of the High Court of Australia M & M (1988) 166 CLR 69 & B & B [1988] HCA 66.…
-
Palantine and Palantine
[2009] FamCA 1081
Citation 12
(Para 1)
…of Australia’s decisions of B & B [4] and M & M ,[5] that I should not expose the children by any orders I make to an unacceptable risk. [4] B & B [1988] HCA 66. [5] M & M [1988] 166 CLR 69.…
-
JACOBS & SHAEFFER
[2009] FamCA 920
Citation 13
(Para 1)
…sts. It is not a criminal investigation. [20] Family Law Act 1975 (Cth) s 60CC(2)(b) & s 60CC(3)(j). [21] M & M [1988] 166 CLR 69. [22] B & B [1988] HCA 66.…
-
Kings & Murray
[2009] FamCA 565
Citation 14
(Para 1)
…e time on a substantially similar issue), considered questions of child abuse in a number of different ways. [15] M & M [1988] 166 CLR 69. [16] B & B [1988] HCA 66.…
-
Re Anthony
[2008] NSWLC 21
Citation 15
…ION CITED: Children and Young Persons (Care and Protection) Act 1998 CASES CITED: Briginshaw v Briginshaw [1938] 60 CLR 336 M v M [1988] HCA 68 B v B [1988] HCA 66 A v A [1976] VR 289 The Marriage of M [1987] 11 Fam. LR 765 B v B (Access) [1986] FLC 91-758 Leveque v Leveque [1983] 54 CLR 164 re G (a minor) [1987…
-
Re Maree
[2007] NSWLC 35
Citation 16
…N CITED: Children and Young Person’s Care and Protection Act 1998 CASES CITED: Briginshaw v. Briginshaw [1938] 60 CLR 336 M v M [1988] HCA 68 B v B [1988] HCA 66 W & W [2005] Fam CA 892 (21 September 2005) REPRESENTATION: ORDERS:…