Family
Family judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Adoption Discharge Due to Irretrievable Breakdown Between Parties
The Supreme Court of NSW discharged an adoption order because of an irretrievable breakdown in the relationship between the parties. The Court found that there was an exceptional reason to discharge the order, allowing the applicant to return to their birth identity.
Adoption Order Made for Child's Best Interests
Application for Estate Provision Dismissed by NSW Supreme Court
The NSW Supreme Court dismissed an application for provision out of the estate of a deceased parent. The court found that the deceased's will had already made adequate provision for the claimant, rejecting the claimant's request for further provision.
Father Granted Costs Against Department in Children's Court Case
NSW Court of Appeal Overturns Family Provision Order
The NSW Court of Appeal ruled that a lower court's decision to grant family provision to a respondent was incorrect. The Court emphasised the importance of understanding the testator's intentions and the moral obligations owed to beneficiaries, ultimately dismissing the respondent's claim for family provision.
NSW Supreme Court Rejects Anti-Suit Injunction Request
Family Provision Order Granted Under Succession Act 2006
Costs for Setting Aside Notices to Produce in Family Court Cases
Parentage Order Granted Due to Exceptional Circumstances
The Court granted a parentage order to the claimant, who lived near the border of NSW and Victoria, due to exceptional circumstances. The child was conceived through procedures in NSW, but the parties resided in Victoria.
Children's Court Awards Costs Against Party, Not Non-Party
In this case, the Children's Court ruled that it can only order costs against a party to the proceedings, not against a non-party like a legal representative. The court ordered the mother to pay the father's costs.
Family Provision Order for De Facto Spouse Secures Future Needs
Spouse Entitled to Larger Inheritance Due to Financial Needs
Adoption Order Granted for Child with Special Needs Despite Birth Parents' Opposition
Claimant Entitled to Modest Estate Provision Under Family Provision Act
Company Proceedings Transferred to Family Court for Centralised Resolution
Family Provision Claim Allowed in NSWDC
Spouse Receives Entire Estate Under Family Provision Act
The claimant asked for a share of the deceased's estate under the Family Provision Act 1982. The NSW Supreme Court ruled that the claimant should receive the entire estate because the deceased did not make adequate provision for the claimant's needs.
Claimant Awarded $20,000 From Step-Mother’s Estate Under Family Provision Act
Associate Justice McLaughlin awarded the claimant $20,000 from his late stepmother's estate under the Family Provision Act 1982, ruling that the claimant had not been adequately provided for.
Supreme Court Dismisses Abuse of Process Claim in Family Law Proceedings
The Supreme Court dismissed an application to transfer proceedings from the District Court to the Supreme Court. The Court ruled that starting new proceedings in the Supreme Court covering the same subject matter as existing District Court proceedings is an abuse of process. The claimant was ordered to pay the respondent's costs.