Weekly Family Law - Benchmark
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Friday, 21 February 2020 Weekly Family Law A Weekly Bulletin listing Decisions of Superior Courts of Australia covering family law Search Engine Click here to access our search engine facility to search legal issues, case names, courts and judges. Simply type in a keyword or phrase and all relevant cases that we have reported in Benchmark since its inception in June 2007 will be available with links to each case. Executive Summary (1 minute read) Phillips & Hansford (FamCAFC) - family law - parenting - costs - father's appeal against interim parenting orders dismissed - father to pay mother's costs of appeal and costs application in fixed sum Tong & Niem (FamCAFC) - family law - bias - dismissal of recusal application - appeal dismissed Warnett & Amerson (FamCAFC) - family law - parenting - father appealed against final parenting orders - father sought that Court provide transcript to him at Court's expense - application dismissed Horrigan & Horrigan (FamCAFC) - family law - property - wife appealed against property orders - amended notice of appeal dismissed Summaries With Link (Five Minute Read) Phillips & Hansford [2020] FamCAFC 28 Full Court of the Family Court of Australia Strickland, Ainslie-Wallace & Aldridge JJ Family law - costs - Court dismissed father's appeal against Federal Circuit Court's interim parenting orders - mother sought that father pay her costs of appeal and of costs application - mother sought payment of costs on indemnity basis - alternatively mother sought payment of Page 1
Transcript of Weekly Family Law - Benchmark
Friday, 21 February 2020
Weekly Family LawA Weekly Bulletin listing Decisions
of Superior Courts of Australia covering family law
Search Engine Click here to access our search engine facility to search legal issues, case names, courts andjudges. Simply type in a keyword or phrase and all relevant cases that we have reported inBenchmark since its inception in June 2007 will be available with links to each case.
Executive Summary (1 minute read)
Phillips & Hansford (FamCAFC) - family law - parenting - costs - father's appeal againstinterim parenting orders dismissed - father to pay mother's costs of appeal and costs applicationin fixed sum
Tong & Niem (FamCAFC) - family law - bias - dismissal of recusal application - appealdismissed
Warnett & Amerson (FamCAFC) - family law - parenting - father appealed against finalparenting orders - father sought that Court provide transcript to him at Court's expense -application dismissed
Horrigan & Horrigan (FamCAFC) - family law - property - wife appealed against propertyorders - amended notice of appeal dismissed
Summaries With Link (Five Minute Read)
Phillips & Hansford [2020] FamCAFC 28Full Court of the Family Court of AustraliaStrickland, Ainslie-Wallace & Aldridge JJFamily law - costs - Court dismissed father's appeal against Federal Circuit Court's interimparenting orders - mother sought that father pay her costs of appeal and of costs application -mother sought payment of costs on indemnity basis - alternatively mother sought payment of
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costs at scale - s117 Family Law Act 1975 (Cth) - whether to grant indemnity costs order -appeal's weaknesses - whether father should have prosecuted appeal - held: father to paymother's costs of appeal and costs application in fixed sum.Phillips[From Benchmark Friday, 21 February 2020]
Tong & Niem [2020] FamCAFC 27Full Court of the Family Court of AustraliaRyan, Aldridge & Watts JJFamily law - bias - Court dismissed husband's recusal application - husband appealed - wifesought that order be upheld - whether husband 'waived right to object to' primary judge'continuing to hear case' - whether 'fair minded lay observer would apprehend bias' - whetherfailure to consider 'cumulative effect' of primary judge's comments - whether erroneousdetermination that comments 'protected by' s69ZR Family Law Act 1975 (Cth) - held: appealdismissed.Tong[From Benchmark Friday, 21 February 2020]
Warnett & Amerson [2020] FamCAFC 24Full Court of the Family Court of AustraliaAldridge JFamily law - parenting - father appealed against Family Court of Australia's final parentingorders - father sought that Court provide to him, at Court's expense, a copy of hearing'stranscript to facilitate appeal's prosecution - interests of justice - Sampson & Hartnett (2013)FLC 93-542 - prospects of success - held: application dismissed.Warnett[From Benchmark Friday, 21 February 2020]
Horrigan & Horrigan [2020] FamCAFC 25Full Court of the Family Court of AustraliaStrickland, Kent & Tree JJFamily law - property - wife appealed against Family Court orders concerning division ofproperty of parties - husband opposed appeal - ss75 & 79 Family Law Act 1975 (Cth) - whethererroneous assessment of contributions by wife - adequacy of reasons - whether erroneousfailure to prescribe interest - held: amended notice of appeal dismissed.Horrigan[From Benchmark Friday, 21 February 2020]
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Bright is the Ring of WordsBy: Robert Louis Stevenson Bright is the ring of wordsWhen the right man rings them,Fair the fall of songsWhen the singer sings them.Still they are carolled and said –On wings they are carried –After the singer is deadAnd the maker is buried. Low as the singer liesIn the field of heather,Songs of his fashion bringThe swains together.And when the west is redWith the sunset embers,The lover lingers and singsAnd the maid remembers. https://en.wikipedia.org/wiki/Robert_Louis_Stevenson
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