Family
Family judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Claimant Granted Provision from Estate Under Family Provision Act
Family Provision Claim Successful in NSW Supreme Court
Adjustment of Property Interests in De Facto Relationships
Adopted Child's Name Change Approved for Best Interests
The court allowed a change in the name of an adopted child from Korea, considering the child's best interests and the potential distress caused by the child's birth name.
Misrepresentation of Financial Position Leads to Dismissal of Family Provision Act Claim
The Supreme Court of NSW dismissed the claimant's application under the Family Provision Act because she misrepresented her financial position. Palmer J found that the claimant's misrepresentation was a significant factor in dismissing her claim.
Claimant Entitled to $20,000 Legacy from Father’s Estate
Federal Court Upholds Child Support Registrar's Request for Tax File Numbers
The Federal Court dismissed a claimant's challenge to a person's request for their tax file number. The court ruled that such requests are consistent with privacy laws and do not violate taxation regulations.
Claimant Granted Resulting Trust Over Property Portion
Appeal Allowed: Solicitor Not Personally Liable for Client's Costs
The NSW Court of Appeal decided that a solicitor was not personally responsible for paying a client's outstanding costs to another solicitor. The Court found that the solicitor did not create an obligation to pay the costs, as they neither explicitly nor implicitly promised to do so.
High Court Reverses Decision in Divorce Case Involving Adultery
The High Court of Australia reversed a decision dismissing an appellant's petition for divorce based on adultery, sending it back to the Supreme Court for further consideration. The court emphasised the importance of societal interests in exercising discretion under the Marriage Act.
High Court: Alimony Settlement Clause Void
The High Court ruled that a clause in a divorce settlement deed, which aims to settle all future claims for alimony and maintenance, is against a person and therefore unenforceable. As a result, other provisions dependent on this clause are also invalid.
High Court Rejects Promise of Marriage After Divorce Nisi
The High Court of Australia dismissed an appeal where the claimant sued for breach of a promise to marry after receiving a divorce decree nisi but not absolute. The court ruled that such promises are unenforceable unless they specify when the marriage can take place, emphasising the importance of clear terms in agreements.
High Court Grants Mother Custody of Child via Habeas Corpus
In this case, a mother successfully obtained custody of her young child from her husband through a habeas corpus proceeding. The court determined that it had the authority to hear such cases when parents live in different states and ruled in favour of the mother based on what was best for the child's welfare.
High Court Upholds One-Year Cruelty Requirement in Divorce Case
The High Court dismissed an application for special leave to appeal, upholding the requirement that habitual cruelty must have occurred over at least one continuous year for a divorce petition based on par. (d) of s. 28 of the Matrimonial Causes Act.
High Court Affirms Validity of Key Matrimonial Law Provisions
The High Court of Australia ruled on whether certain sections of the Matrimonial Causes Act were constitutional. The court found that these sections, which give powers to state courts in family law matters, are valid and do not exceed judicial power as defined by the Constitution.