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Sheldon & Weir (No.3)

Sheldon & Weir (No.3)

Case [2010] FamCA 1138 8 December 2010

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FAMILY COURT OF AUSTRALIA

SHELDON & WEIR (NO. 3)

[2010] FamCA 1138

FAMILY LAW – CHILDREN – Parenting arrangements – where young child – relocation – where mother seeks child lives with her in Republic of Ireland – where father opposes relocation application – whether child is Aboriginal – factors about whether person is Aboriginal discussed – where child found to be Aboriginal – culture – heritage – parental responsibility – presumption of equal shared parental responsibility does not apply – poor relationship between parents and inability to communicate – relocation granted

Aboriginal and Torres Strait Island Commission Act 1989 (Cth)
Aboriginal and Torres Strait Islander Act 2005 (Cth)
Evidence Act 1995 (Cth) s 140
Family Law Act 1975 (Cth) ss 4, 60B, 60CA, 60CC, 60CG, 61B, 61C(1), 61DA(2), 61DA(4), 64A, 65AA, 65DAA, Pt VII,
Native Title Act 1993 (Cth)
Racial Discrimination Act 1975 (Cth)
Family Law Rules 2004, rr 16.04(1), 16.08

AMS v AIF (1999) 199 CLR 160
Attorney-General of the Commonwealth v Queensland (1990) 94 ALR 515
B and B: Family Law Reform Act 1995 (1997) FLC 92-755
Collu and Rinaldo [2010] FamCAFC 53
Commonwealth of Australia and Others v Tasmania [1983] 158 CLR 1
Cook's Construction Pty Ltd v Brown & Anor [2004] NSWCA 105
Firth v Firth (1988) FLC 91-971
Gibbs v Capewell (1995) 128 ALR 577
Goode & Goode (2006) FLC 93-286
Hepburn & Noble (2010) FLC 93-438
Hort & Verran (2009) FLC 93-418
Johnston and Page (2007) FLC 93-344
Jones v Dunkel (1959) 101 CLR 298
Mazorski v Albright (2007) 37 Fam LR 518
McCall & Clark (2009) FLC 93-405
MRR v GR (2010) 263 ALR 368
Starr & Duggan [2009] FamCAFC 115
Sealey & Archer [2008] FamCAFC 142
Taylor and Barker (2007) FLC 93-345
U & U (2002) FLC 93-112

APPLICANT:

Mr Sheldon

RESPONDENT:

Ms Weir

FILE NUMBER:

NCC

3259

2009

DATE DELIVERED:

8 December 2010

PLACE DELIVERED:

Newcastle

PLACE HEARD:

Newcastle

JUDGMENT OF:

The Hon. Justice Ryan

HEARING DATES:

5, 6, 7, 8, 9, 12 & 13 July 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Mr Cook

SOLICITOR FOR THE APPLICANT:

Slade Manwaring Solicitors

COUNSEL FOR THE RESPONDENT:

Ms Elbourne

SOLICITOR FOR THE RESPONDENT:

Burke Elphick & Mead Lawyers

Orders

That all prior parenting orders and injunctions made in relation to the child R born … April 2008 (the child) are discharged.
Ms Weir (the mother) shall have sole parental responsibility for the child.
The mother is permitted to relocate the child to the Republic of Ireland.
The child is to live with the mother.
Until the child relocates to Ireland she shall spend time with the father as follows:
(a) each Sunday from 9.00 am to 4.00 pm; and
(b) each Wednesday from 9.00 am to 4.00 pm.
the purposes of implementing order 5, changeover shall take place outside T Police Station.
From when the child relocates to Ireland until 1 January 2014 any time the child spends with the father shall occur in the Republic of Ireland.

In the event…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Sheldon & Weir (No.3)

Details

AGLC: Sheldon & Weir (No.3) [2010] FamCA 1138
Case: [2010] FamCA 1138
Decision Date: 8 December 2010

CaseChat Overview and Summary

In *Sheldon & Weir (No.3)*, heard by Justice Ryan, the court considered parenting orders concerning a child born in April 2008. The dispute involved the mother's application to relocate the child to the Republic of Ireland and the father's objections.

The primary legal issues before the court were whether to discharge existing parenting orders and injunctions, whether the mother should have sole parental responsibility, and whether to permit the mother to relocate the child to the Republic of Ireland. The court was also required to determine the specific arrangements for the child's time with each parent, both before and after the relocation, and to establish communication protocols between the parents and the child.

Justice Ryan discharged all prior parenting orders and injunctions, granting the mother sole parental responsibility and permitting the relocation of the child to the Republic of Ireland. The court then made detailed orders regarding the child's living arrangements with the mother and the specific times the child was to spend with the father, both in Australia prior to relocation and in Ireland thereafter. These orders included provisions for holidays, birthdays, and communication, with specific stipulations for different age groups of the child and the father's location. The court also made orders regarding the responsibilities of each parent in facilitating contact, costs associated with travel, and communication methods, including prohibitions on denigration and requirements for notification of serious illness.

Orders

Orders of the court

That all prior parenting orders and injunctions made in relation to the child R born … April 2008 (the child) are discharged.

Ms Weir (the mother) shall have sole parental responsibility for the child.

The mother is permitted to relocate the child to the Republic of Ireland.

The child is to live with the mother.

Until the child relocates to Ireland she shall spend time with the father as follows:

(a) each Sunday from 9.00 am to 4.00 pm; and

(b) each Wednesday from 9.00 am to 4.00 pm.

the purposes of implementing order 5, changeover shall take place outside T Police Station.

From when the child relocates to Ireland until 1 January 2014 any time the child spends with the father shall occur in the Republic of Ireland.

In the event the father does not live in Ireland the child shall spend time with him as follows:

Until 1 January 2014:

(a) from 9.00 am until 2.00 pm on the first and third days nominated by the father; then

(b) from 9.00 am until 4.00 pm on the three consecutive days thereafter;

(d) thereafter in a pattern of three consecutive days from 9.00 am until 5.00 pm followed by a day when the child does not see the father;

(e) if the period during which the child is to spend time with the father exceeds three weeks, from the commencement of the fourth week, after each alternate three day period, there shall be two days during which the child does not spend time with the father;

(f) on the child’s birthday, father’s birthday, a day in NAIDOC week and Father’s Day at the same time as the immediately preceding time together;

(g) from 9.00 am to 6.00 pm on Christmas Day in each even numbered year the child’s time with the father is suspended;

(h) from 9.00 am to 6.00 pm on Boxing Day in each odd numbered year the child’s time with the father is suspended.

From 1 January 2014, the child is to spend time with him in the Republic of Ireland during the Australian December/January school holidays at dates and times as agreed between the parties, but failing agreement:

(a) until the child commences primary school, for the first two weeks, from 9.00 am on the first day until 5.00 pm on the third day; then

(b) from 9.00 am on the fifth day until 5.00 pm on the seventh day and continuing in that pattern until the commencement of the third week; then

(d) from 5.00 pm when the child has been returned to the mother the child shall be in the mother’s care until 9.00 am on the third day thereafter (that is after two nights in the mother’s care); whereupon

(e) the child shall spend one week with the father in accordance with order 9(c) and the pattern established by orders 9(c) and 9(d) shall continue until the end of the school holidays;

(f) on the child’s birthday, father’s birthday, a day in NAIDOC week and Father’s Day at the same time as the immediately preceding day period together;

(g) from 9.00 am to 6.00 pm on Christmas Day in each even numbered year the child’s time with the father is suspended;

(h) from 9.00 am to 6.00 pm on Boxing Day in each odd numbered year the child’s time with the father is suspended.

10.

From 1 January 2014, the child shall spend time with him in Australia for the duration of the Irish June school holidays. For the purpose of this order, the school holidays are deemed to commence the day after classes finish and end the day before classes resume. The child is to be back in Ireland no later than three full days before classes resume.

11.

Upon order 10 becoming operational, until the child commences primary school, during the Irish June school holidays when the child is with the father in Australia, his time with the child is suspended during periods agreed between the parties, but failing agreement, each third day from 9.00 am to 2.00 pm.

12.

When the child commences primary school, during the June school holidays when the child is with the father in Australia, his time with the child is suspended during periods agreed between the parties, but failing agreement, once each week from 9.00 am to 2.00 pm.

13.

Upon the child commencing secondary school, for the duration of the Australian December/January school holidays in Ireland provided that:

(a) the child attends school; and

(b) the father makes the child available to the mother as agreed, but failing agreement, no less than once per week, from 9.00 am until 2.00 pm at a date and time nominated by him.

In the event the father lives in Ireland he shall spend time with the child as follows:

(d) on the second weekend, the father does not have time with the child;

(e) on the third weekend on Saturday from 9.30 am until 4.30 pm;

(f) on the fourth weekend on Saturday and Sunday between 10.00 am and 5.00 pm on each day;

(g) each Irish Father’s Day from 9.00 am until 4.00 pm;

(h) in the event that the child’s or father’s birthday falls on a week day the father will have time with the child for two hours on the applicable birthday at such times as agreed between the parties;

(i) on Saturday of NAIDOC week between 9.00 am and 4.00 pm;

(j) on Christmas Day in each odd numbered year from 9.00 am until 6.00 pm;

(k) on Boxing Day in each even numbered year from 9.00 am until 6.00 pm;

(l) in the event that the Irish Mother’s Day falls on a day in which the child is in the father’s care, his time with the child is suspended for that day.

14.

From 1 January 2014 and until the end of term 1, 2014 each alternate weekend from the conclusion of school on Friday afternoon until 4.00 pm on Sunday evening with the father to collect the child from school and in accordance with orders 15(b)-(f) inclusive.

15.

From the end of term 1, 2014 and thereafter as follows:

(a) Each alternate weekend from the conclusion of school on Friday afternoon until the commencement of school Monday;

(b) in the event that Father’s Day falls on a weekend during which the father would not otherwise have time with the child, the father will have time with the child on that weekend from the conclusion of school on Friday afternoon until the commencement of school Monday;

(c) in the event that Mother’s Day falls on a weekend during which the father would have time with the child, the father’s time with the child is suspended on that weekend;

(d) in the event that the child’s or father’s birthday falls on a week day, the father will have time with the child for two hours on the applicable birthday from after school;

(e) in the event the child’s birthday falls on a weekend, the child will spend time with the parties as agreed but failing agreement, will spend time with whichever party has care of the child on that weekend;

(f) for the NAIDOC weekend from after school Friday until the start of school Monday;

(g) from 5 pm on Christmas Eve until 12 noon in Christmas Day in each even numbered year

(h) from 12 noon on Christmas Day until 12 noon in Boxing Day in each odd numbered year

(i) in even numbered years during the Christmas school holidays from 10 am the day after classes end until 4 pm the following Friday and each alternate week thereafter until the conclusion of the school holiday period;

(j) in odd numbered years during the Christmas school holidays from 10 am at the end of the first week of the school holidays until 4 pm seven days thereafter and each alternate week thereafter until the conclusion of the school holiday period;

(k) in even numbered years during the mid term holidays from 10 am the day after classes end until 4 pm the following Friday and each alternate week thereafter until the conclusion of the school holiday period;

(l) in odd numbered years during the mid term holidays from 10 am at the end of the first week of the school holidays until 4 pm seven days thereafter and each alternate week thereafter until the conclusion of the school holiday period until the conclusion of the school holiday period;

(m) upon the child commencing secondary school for the first half of each mid term holiday in even numbered years and the second half in each odd numbered, the father to collect or return the child from school whichever is applicable;

(n) At such other times as the parties agree.

16.

Notwithstanding any contrary order, from 1 January 2014 if the father lives in Ireland he may, at his election, spend time with the child in Australia as provided for in orders 10-12 inclusive.

Further orders of general application

17.

When the child is to spend time with the father in Australia, to the extent required the mother shall do all things required to facilitate the child spending time with her as set out in these orders.

18.

For the purpose of the child spending time with the father in Ireland, the father shall be responsible for his costs of travel.

19.

For the purpose of the child spending time with the father in Australia, the mother shall be responsible for the cost of her and the child’s return airfares.

20.

Changeover in Ireland shall take place as follows:

a) At the child’s school in accordance with the times set out in these orders;

b) At the County Library;

c) Or such other place as the parties agree.

21.

Changeover in Australia shall take place as follows:

a) At a contact changeover centre nominated by the father;

b) If changeover is to take place at a time when the nominated contact centre is unavailable, at T Library.

22.

In the event the father lives in Australia he shall gives the mother at least 28 days written notice of his intention to spend time with the child pursuant to these orders and the duration within that period.

23.

In the event the father lives in Ireland he shall gives the mother at least 28 days written notice of his intention to spend time with the child in Australia pursuant to these orders and the duration within that period.

24.

That if the child is not otherwise spending time with the father, the child shall communicate with the father as follows:

(a) by telephone, web cam or other similar visual technology on no less than two days per week at times and days agreed by them, and in the absence of agreement, between 6.30 pm and 7.00 pm Irish time each Sunday and Thursday;

(b) by telephone, web cam or similar visual technology on the morning of the child’s birthday, the father’s birthday, Father’s Day and Christmas Day, between the hours of 7.30 am and 8.30 am Irish time.

25.

The parties shall do all things reasonable to promote communication as set out in these orders including, but not limited to, ensuring the child is available to communicate at the designated times by maintaining an internet connection of such speed as to ensure that the web cam / Skype communication is working at optimum level and by encouraging the child to participate and ensure that there are no disruptions or distractions during the communication and/or interface by the other parent.

26.

During any period the child is with the father, he is restrained from:

(a) consuming alcohol;

(b) permitting the child to be in the presence or vicinity of his father, the paternal grandfather;

27.

At all times the parties will ensure that the other has a telephone contact number and email address available for the other party to communicate with the child whilst the child is in the care of the other party.

28.

The mother shall provide to the father copies of any newsletters, school reports, notices or other information or material concerning the education of the child.

29.

Neither party shall denigrate the other, nor allow a member of their family to denigrate within the presence or hearing of the child the other or the other’s family.

30.

That the parent then caring for the child shall promptly notify the other if the child suffers a serious illness or is treated by a medical specialist in a hospital.

31.

On those occasions when the child is in the father’s care the mother shall communicate with the child as follows:

(a) by telephone no less than two days per week at times and days agreed by them, and in the absence of agreement, between 6.30 pm and 7.00 pm each Sunday and Thursday;

(b) by telephone on the morning of the child’s birthday, the mother’s birthday and Christmas Day, between the hours of 7.30 am and 8.30 am.

32.

The mother shall give the father no less than 14 days written notice of when she will take the child to live in Ireland.

33.

Pursuant to s 65DA(2) and s 62B of the Family Law Act 1975, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

34.

All outstanding applications are dismissed.

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.

Citations

AGLC Citation

Sheldon & Weir (No.3) [2010] FamCA 1138

Most Recent Citation

Edmondson & Samford [2023] FedCFamC2F 171

Cases citing this decision · 17 of 17 shown

Deacon & Grover
[2023] FedCFamC2F 1080 Para 20

…tations quoted; thus:[137] [136] F v F (2008) 38 Fam LR 52 at pp.56-58 [7]. A more abbreviated summary is provided by Ryan J in Sheldon & Weir (No.3) [2010] FamCA 1138 at [244] & [245]. [137] It will be seen that, in the light of Full Court authority which confirmed that the earlier decision of A and A (2000) FLC ¶9…
Edmondson & Samford
[2023] FedCFamC2F 171 Para 15

…tations quoted; thus:[158] [157] F v F (2008) 38 Fam LR 52 at pp.56-58 [7]. A more abbreviated summary is provided by Ryan J in Sheldon & Weir (No.3) [2010] FamCA 1138 at [244] & [245]. [158] It will be seen that, in the light of Full Court authority which confirmed that the earlier decision of A and A (2000) FLC ¶9…
Charters & Webb
[2022] FedCFamC1F 527 Para 13

…ld who is a descendant of the Aboriginal people of Australia”. This is, in effect, the grandmother’s first criterion. In Sheldon & Weir (No. 3) [2010] FamCA 1138, Ryan J concluded that to be a descendent of the Aboriginal people for the purposes of the Act requires evidence of genetic heritage to the Aboriginal peop…
Barton & Haselwood
[2021] FCCA 1770

…LR 712 In the Marriage of Radford & Alpe (1985) 10 Fam LR 135 Sealey & Archer [2008] FamCAFC 142 Sheldon & Weir (No.3) [2010] FamCA 1138 Sigley v Evor (2011) 44 Fam LR 439 Simmons & Kingley (2014) FLC 93-581 Starr & Duggan [2009] FamCAFC 115 Taylor & Barker (2007) 214 FLR 433; (2008) 37 Fam LR 461 U v U (2002) 211…
Langan & Langan
[2021] FCCA 921

…R 29; (2000) 25 Fam LR 712 In the Marriage of Radford & Alpe (1985) 10 Fam LR 135 Sealey & Archer [2008] FamCAFC 142 Sheldon & Weir (No.3) [2010] FamCA 1138 Sigley v Evor (2011) 44 Fam LR 439 Starr & Duggan [2009] FamCAFC 115 Taylor & Barker (2008) 37 Fam LR 461 U v U (2002) 211 CLR 238 Vontek v Vontek [2017] FamCAF…
LABATO & NAPOLI
[2021] FCCA 251 Para 7

…F v F (2008) 38 Fam LR 52 at pp.56-58 [7]. A more abbreviated summary is provided by Ryan J in Sheldon & Weir (No.3) [2010] FamCA 1138at [244] & [245]. [105] It will be seen that, in the light of Full Court authority which confirmed that the earlier decision of A and A (2000) FLC ¶93-035 no longer reflects the prin…
ALVISIO & BARBARESCO
[2018] FCCA 3537 Para 3

…F v F (2008) 38 Fam LR 52 at pp.56-58 [7]. A more abbreviated summary is provided by Ryan J in Sheldon & Weir (No.3) [2010] FamCA 1138at [244] & [245]. [14] It will be seen that, in the light of Full Court authority which confirmed that the earlier decision of A and A (2000) FLC ¶93-035 no longer reflects the princ…
WALTHORPE & VASS
[2018] FCCA 3583 Para 10

…F v F (2008) 38 Fam LR 52 at pp.56-58 [7]. A more abbreviated summary is provided by Ryan J in Sheldon & Weir (No.3) [2010] FamCA 1138at [244] & [245]. [13] It will be seen that, in the light of Full Court authority which confirmed that the earlier decision of A and A (2000) FLC ¶93-035 no longer reflects the princ…
Sahrawi & Hadrami
[2018] FamCAFC 170

…69; [1998] HCA 68 MWJ v The Queen (2005) 222 ALR 436; [2005] HCA 74 S v M (1984) 36 SASR 316 Sheldon & Weir [2011] FamCAFC 212 Sheldon & Weir (No.3) [2010] FamCA 1138 State Rail Authority (NSW) v Earthline Constructions Pty Ltd (In liq) (1999) 160 ALR 588; [1999] HCA 3 Stead v State Government Insurance Commission…
PRIDE & PLASTOW
[2018] FCCA 1992

…ndy (1999) FLC ¶92-878 Payne v Payne [2001] Fam 473 Powell & Ptolemy (2005) FLC ¶93-239 Sealey & Archer [2008] FamCAFC 142 Sheldon & Weir (No.3) [2010] FamCA 1138 Sigley v Evor (2011) 44 Fam LR 439 Starr & Duggan (2009) FamCAFC 115 Taylor & Barker (2008) 37 Fam LR 461 U v U (2002) 211 CLR 238 Wiley & Wiley [2008 Fam…
Alton and Janos
[2017] FCCA 3222

…(2008) FLC ¶93-375 Paskandy & Paskandy (1999) FLC ¶92-878 Payne v Payne [2001] Fam 473 Powell & Ptolemy (2005) FLC ¶93-239 Sheldon & Weir (No.3) [2010] FamCA 1138 Taylor & Barker (2007) 37 Fam LR 461 U v U (2002) 211 CLR 238 Martha C Nussbaum, The fragility of goodness: Luck and ethics in Greek tragedy and philosoph…
Dundas and Duffy and Ors
[2017] FCCA 1928 Para 2

…o evidence. The Independent Children’s Lawyer argued that the leading authority in relation to this issue could be found in Sheldon & Weir (No 3) [2010] FamCA 1138. The parties (other than the maternal grandmother) had not been provided with copies of the articles and were given time to consider their content.…
Helbig & Rowe
[2016] FamCAFC 117

…ant or be misleading or confusing or result in a finding which is highly prejudicial to the subject matter.Case Authority:Sheldon & Weir (No 3) [2010] FamCA 1138, Honeysett v The Queen [2014] HCA 29; Dasreef Pty Ltd v Hawchar [201 1] HCA 21; Clark v Ryan (1960) I 03 CLR 486; HG v Queen (1999) 197 CLR 414;Makita (Aus…
RAY & SANCHEZ
[2011] FMCAfam 1395

…Payne v Payne [2001] Fam 473 P & P & Children’s Representative (2005) FLC ¶93-239 Sealey & Archer [2008] FamCAFC 142 Sheldon & Weir (No.3) [2010] FamCA 1138 Sheldon & Weir [2011] FamCAFC 212 Sigley v Evor (2011) 44 Fam LR 439 Starr & Duggan (2009) FamCAFC 115 Taylor v Barker (2007) 37 Fam LR 461 U v U (2002) 211 CL…
Sheldon & Weir
[2011] FamCAFC 212

…[2010] FamCA 1138…
Ford and Bell
[2011] FMCAfam 635 Para 4

…F v F (2008) 38 Fam LR 52 at pp.56-58 [7]. A more abbreviated summary is provided by Ryan J in Sheldon & Weir (No.3) [2010] FamCA 1138 at [244] & [245]. [63] It will be seen that, in the light of Full Court authority which confirmed that the earlier decision of A and A (2000) FLC ¶93-035 no longer reflects the prin…
McAuliffe and Davies
[2010] FMCAfam 1481 Para 17

…Ryan J in Sheldon & Weir (No.3) [2010] FamCA 1138, among other places at [384] and [562] in relation to the maintenance of a long-distance relationship with a child younger than [X] in the current proceedings, and where her Honour permitted a [permanent] relocation to the Republic of Ireland. Ryan J acknowledged the…

View all 17 citing cases →

Cases cited in this decision · 12 of 12 shown

Firth v Firth (Deceased)
[2016] NSWDC 282

…inaldo [2010] FamCAFC 53 Commonwealth of Australia and Others v Tasmania [1983] 158 CLR 1 Cook's Construction Pty Ltd v Brown & Anor [2004] NSWCA 105 Firth v Firth (1988) FLC 91-971 Gibbs v Capewell (1995) 128 ALR 577 Goode & Goode (2006) FLC 93-286 Hepburn & Noble (2010) FLC 93-438 Hort & Verran (2009) FLC 93-418 John…
MRR v GR
[2010] HCA 4

…nston and Page (2007) FLC 93-344 Jones v Dunkel (1959) 101 CLR 298 Mazorski v Albright (2007) 37 Fam LR 518 McCall & Clark (2009) FLC 93-405 MRR v GR (2010) 263 ALR 368 Starr & Duggan [2009] FamCAFC 115 Sealey & Archer [2008] FamCAFC 142 Taylor and Barker (2007) FLC 93-345 U & U (2002) FLC 93-112…
Starr & Duggan
[2009] FamCAFC 115

…ones v Dunkel (1959) 101 CLR 298 Mazorski v Albright (2007) 37 Fam LR 518 McCall & Clark (2009) FLC 93-405 MRR v GR (2010) 263 ALR 368 Starr & Duggan [2009] FamCAFC 115 Sealey & Archer [2008] FamCAFC 142 Taylor and Barker (2007) FLC 93-345 U & U (2002) FLC 93-112…
Sealey & Archer
[2008] FamCAFC 142

…zorski v Albright (2007) 37 Fam LR 518 McCall & Clark (2009) FLC 93-405 MRR v GR (2010) 263 ALR 368 Starr & Duggan [2009] FamCAFC 115 Sealey & Archer [2008] FamCAFC 142 Taylor and Barker (2007) FLC 93-345 U & U (2002) FLC 93-112…
Central Mortgage Registry of Australia Ltd v Donemore Pty Ltd
[2004] NSWCA 105

…2-755 Collu and Rinaldo [2010] FamCAFC 53 Commonwealth of Australia and Others v Tasmania [1983] 158 CLR 1 Cook's Construction Pty Ltd v Brown & Anor [2004] NSWCA 105 Firth v Firth (1988) FLC 91-971 Gibbs v Capewell (1995) 128 ALR 577 Goode & Goode (2006) FLC 93-286 Hepburn & Noble (2010) FLC 93-438 Hort & Verran (…
AMS v AIF
[1999] HCA 26

…AMS v AIF (1999) 199 CLR 160 Attorney-General of the Commonwealth v Queensland (1990) 94 ALR 515 B and B: Family Law Reform Act 1995 (1997) FLC 92-755 Collu and Rinaldo [2010] FamCAFC 53 Commonwealth of Australia and Others v Tasmania [1983] 158 CLR 1 Cook's Construction Pty Ltd v Brown & Anor [2004] NSWCA 105 Firth…
Gibbs v Capewell
[1995] FCA 25

…a and Others v Tasmania [1983] 158 CLR 1 Cook's Construction Pty Ltd v Brown & Anor [2004] NSWCA 105 Firth v Firth (1988) FLC 91-971 Gibbs v Capewell (1995) 128 ALR 577 Goode & Goode (2006) FLC 93-286 Hepburn & Noble (2010) FLC 93-438 Hort & Verran (2009) FLC 93-418 Johnston and Page (2007) FLC 93-344 Jones v Dunkel…
Commonwealth v Tasmania
[1983] HCA 21

…515 B and B: Family Law Reform Act 1995 (1997) FLC 92-755 Collu and Rinaldo [2010] FamCAFC 53 Commonwealth of Australia and Others v Tasmania [1983] 158 CLR 1 Cook's Construction Pty Ltd v Brown & Anor [2004] NSWCA 105 Firth v Firth (1988) FLC 91-971 Gibbs v Capewell (1995) 128 ALR 577 Goode & Goode (2006)…
Jones v Dunkel
[1959] HCA 9

…95) 128 ALR 577 Goode & Goode (2006) FLC 93-286 Hepburn & Noble (2010) FLC 93-438 Hort & Verran (2009) FLC 93-418 Johnston and Page (2007) FLC 93-344 Jones v Dunkel (1959) 101 CLR 298 Mazorski v Albright (2007) 37 Fam LR 518 McCall & Clark (2009) FLC 93-405 MRR v GR (2010) 263 ALR 368 Starr & Duggan [2009] FamCAFC 115 S…
Jones v Dunkel
[1959] HCA 8

…Goode & Goode (2006) FLC 93-286 Hepburn & Noble (2010) FLC 93-438 Hort & Verran (2009) FLC 93-418 Johnston and Page (2007) FLC 93-344 Jones v Dunkel (1959) 101 CLR 298 Mazorski v Albright (2007) 37 Fam LR 518 McCall & Clark (2009) FLC 93-405 MRR v GR (2010) 263 ALR 368 Starr & Duggan [2009] FamCAFC 115 Sealey & Arch…
[2010] FAMCAFC 53
[2010] FAMCAFC 53

…9 CLR 160 Attorney-General of the Commonwealth v Queensland (1990) 94 ALR 515 B and B: Family Law Reform Act 1995 (1997) FLC 92-755 Collu and Rinaldo [2010] FamCAFC 53 Commonwealth of Australia and Others v Tasmania [1983] 158 CLR 1 Cook's Construction Pty Ltd v Brown & Anor [2004] NSWCA 105 Firth v Firth (1988) FLC…
Mazorski v Albright
(2007) 37 FLR 518

…6) FLC 93-286 Hepburn & Noble (2010) FLC 93-438 Hort & Verran (2009) FLC 93-418 Johnston and Page (2007) FLC 93-344 Jones v Dunkel (1959) 101 CLR 298 Mazorski v Albright (2007) 37 Fam LR 518 McCall & Clark (2009) FLC 93-405 MRR v GR (2010) 263 ALR 368 Starr & Duggan [2009] FamCAFC 115 Sealey & Archer [2008] FamCAFC 142 Taylo…

Legislation cited in this decision · 7

Family Law Act 1975 (Cth)
4, 60B, 60CA, 60CC, 60CG, 61B, 61C(1), 6... 13 mentions (from Para 17)
Evidence Act 1995 (Cth)
140 2 mentions (from Para 1)
Family Law Rules 2004 (Cth)
16.04(1), 16.08 2 mentions
Aboriginal and Torres Strait Islander Act 2005 (Cth)
1 mention
Family Law Reform Act 1995 (Cth)
1 mention
Native Title Act 1993 (Cth)
1 mention
Racial Discrimination Act 1975 (Cth)
1 mention