FAMILY COURT OF AUSTRALIA
| MARSDEN & MARSDEN (NO 2) | [2015] FamCA 855 |
| FAMILY LAW – CHILDREN – INTERIM PROCEEDINGS – Competing applications – Interim arrangements pending expedited final hearing – Where previous orders provided for the three children to reside with the mother – Where criminal proceedings brought against the father have been discontinued – Where there is an Apprehended Violence Order in place protecting the children from the father – Where the eldest child has chosen to reside with the father despite it being inconsistent with that Order – Interim parenting arrangements varied insofar as the eldest child now lives with the father – Other two children to spend time with the father in accordance with the recommendations of the family therapist. |
| Family Law Act 1975 (Cth) – ss 4AB, 60B, 60CA, 60CC, 61DA, 64B, 65DAA |
Banks & Banks (2015) FLC 93-367
Cowling & Cowling (1998) FLC 92-801
Deiter & Deiter [2011] FamCAFC 82
Goode & Goode (2006) FLC 93-286
T & N (2003) FLC 93-172
| APPLICANT: | Mr Marsden |
| RESPONDENT: | Ms Marsden |
| INDEPENDENT CHILDREN’S LAWYER: | Ms Robertson |
| FILE NUMBER: | SYC | 6980 | of | 2009 |
| DATE DELIVERED: | 14 October 2015 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | McClelland J |
| HEARING DATE: | 14 September 2015 |
REPRESENTATION
| FOR THE APPLICANT: | Mr Marsden in person |
| SOLICITOR FOR THE RESPONDENT: | Mr Cohen of D H Cohen & Co |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Robertson Solicitors |
THE COURT ORDERS, PENDING FURTHER ORDER, THAT:
Live with arrangements
A born … 2004 (“A”) and V Marsden born … 2007 (“V”) are to live with the mother.
M born … 2002 (“M”) is to continue to live with the father.
Time with and communication
The time A and V are to spend with the father is to be as agreed between the parents and in accordance with the recommendations of Ms R, or such other Family Therapist as may be agreed between the parents and the Independent Children’s Lawyer.
The time M is to spend with the mother shall be as follows:
4.1.each alternate week from 3.00 pm (or after school) on Friday until 9.00 am (or before school) on the following Monday; and,
4.2.such additional time as is agreed between the parents in accordance with the recommendations of Ms R or such other Family Therapist as may be agreed between the parents and the Independent Children’s Lawyer.
Education
The mother and father are to each ensure that each child that lives with them attends school each day for the entire day. Should any of the children not attend school for the entire day, the resident parent is to provide to the non-resident parent and the Independent Children's Lawyer a medical certificate forthwith for that the child’s non-attendance at school on that day.
Parenting issues
Each parent is restrained from denigrating the other in the presence or hearing of the children or permitting any other person to denigrate the other parent in the presence or hearing of the children.
Neither parent shall discuss these proceedings or any…
Continue reading Marsden & Marsden (No 2)
Sign in free to access the full text
- AGLC
- Marsden & Marsden (No 2) [2015] FamCA 855
- Case
- [2015] FamCA 855
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether the expenses claimed by the applicants, which included payments to a company associated with their accountant and payments for services rendered by that company, were properly deductible under section 51(1) of the *Income Tax Assessment Act 1936* (Cth). This section allows for the deduction of losses and outgoings incurred in gaining or producing assessable income, provided they are not of a capital, private, or domestic nature.
McClelland J reasoned that the deductibility of the expenses depended on whether they were incurred in the course of carrying on the business and were not of a capital, private, or domestic nature. His Honour considered the nature of the services provided by the associated company and the relationship between these services and the applicants' primary production activities. The Court applied the established principles of income tax law regarding the characterisation of expenditure, focusing on the purpose for which the expenditure was incurred and its connection to the business operations.
The Court found that the expenses were not deductible as they were not incurred in the course of gaining or producing assessable income, but rather for purposes that were private or domestic in nature. Consequently, the applications for review were dismissed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.