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Family Law Cases

Key cases that contribute to the evolution of Family Law
Case SummariesMaintenance

Bodilly and Hand [2019] FamCA 210 – Cronin J – 9 April 2019

The next two cases saw spousal maintenance continued seventeen and twenty-three years after separation respectively. Section 44(3) generally prohibits spousal maintenance applications made more than twelve months after divorce except by leave of the court.  However, once any spousal maintenance order has been made, this can change, as the cases below demonstrate.   Bodilly and Hand (names anonymised) FamCA 210…
August 18, 2021
Case SummariesTrusts

Bernard [2019] FamCA 421 – 5 July 2019 – Henderson J

The husband's father died three years before the end of a long marriage (of 27 years – with two children).  The father's will created two trusts.  For one trust, the husband was named as primary beneficiary, others (including the wife and the children) were also named as beneficiaries, the husband's sister was the trustee and a third party was the…
August 18, 2021
Case SummariesParenting

Eisner and Candace [2019] FCWA 134 – O’Brien J – 14 June 2019

O'Brien J applied a sensible, practical approach that should apply, and would save substantial costs and angst, in almost all family law matters. After many amended applications and responses relating to parenting (property had been resolved via consent order), O'Brien directed the parties to confer in person and to file, before hearing, a joint summary setting out "those orders which could…
June 14, 2019