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Category: Case Summaries

Saidov & Saidov – Appealing Orders That No Longer Exist

19/05/2025

This was a decision of His Honour, Austin J, where the Appellant mother sought to appeal the refusal of an adjournment application made part way through the trial of the substantive proceedings. The mother had not attended Court on that day, during what was a very lengthy trial, and as a result the father sought Interim Orders pending the outcome of those proceedings. That was supported by the ICL and thereafter Interim Orders were made, on 6 February 2025, reversing the primary residence of the children and placing them in the father’s care. Further Interim Orders were made on 14 February 2025.

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Rapallino & Dekker – When One Appeal Fails, Don’t File Another

15/05/2025

Rapallino & Dekker (No 3) [2025] FedCFamC1A 60 was a decision of His Honour, Aldridge J, in respect of property settlement proceedings that had been before a Division 1 Judge. In those proceedings the Appellant Wife was to receive 65%of the asset pool. Thereafter the Appellant filed a Notice of Appeal, within time, and the appeal was then heard on 12 February 2025 by a full bench of their Honours, Aldridge, Gill & Strum JJ, and dismissed. At that point the issue of costs had not been determined with the parties to file written submissions in that regard.

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Sheridan & Delany – No Case, No Evidence, No Appeal Grounds

03/05/2025

This was an appeal before Schonell J from a decision of the Magistrates Court of Western Australia (Magistrates Court), with Judgment delivered on 7 March 2025. It was somewhat strange because the proceedings in the lower court had been undefended meaning that the appellant husband didn’t involve himself in those proceedings other than to constantly challenge the jurisdiction of the Court

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Demir & Ozden – No Contact Orders Made After 11 Years of Silence

10/04/2025

This matter involved a female child, X, who was 13 years of age at the time of the hearing in November 2024. X lived in Melbourne with her father and stepmother whilst the mother lived in Queensland. At trial the mother was self-represented and initially sought primary residence but amended that to a shared care arrangement, notwithstanding the residences of the parents.

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Yuan & Song – No Confidence in Either Parent but Status Quo Holds

06/04/2025

This was the final hearing of a matter with a long history before the Court and, as such, was Judgment number six. It involved a female child, X, who was 14 years old at the time of the hearing in November 2024 and living in Queensland with her father. The Orders provided for X to live with the father and spend very, very limited time with the mother who resided in Melbourne.

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Bentley & Deleo – When Mum Can’t Support a Relationship with Dad

03/04/2025

If you have followed the social science research publications and related case law over the years you will be familiar with the concept of young children, especially those not yet of school age, not spending a lot of overnight time away from their primary carer – usually their mother. This can be even more so the case when the parents had never lived together or separated when the child was very young. The result of this can be a long road to establishing a bond between the child and the other parent who has not been the primary carer, but what happens when even over time the primary carer cannot facilitate a meaningful relationship with the other parent.

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Saidov & Saidov – Appealing Orders That No Longer Exist

19/05/2025

This was a decision of His Honour, Austin J, where the Appellant mother sought to appeal the refusal of an adjournment application made part way through the trial of the substantive proceedings. The mother had not attended Court on that day, during what was a very lengthy trial, and as a result the father sought Interim Orders pending the outcome of those proceedings. That was supported by the ICL and thereafter Interim Orders were made, on 6 February 2025, reversing the primary residence of the children and placing them in the father’s care. Further Interim Orders were made on 14 February 2025.

| Read More

Rapallino & Dekker – When One Appeal Fails, Don’t File Another

15/05/2025

Rapallino & Dekker (No 3) [2025] FedCFamC1A 60 was a decision of His Honour, Aldridge J, in respect of property settlement proceedings that had been before a Division 1 Judge. In those proceedings the Appellant Wife was to receive 65%of the asset pool. Thereafter the Appellant filed a Notice of Appeal, within time, and the appeal was then heard on 12 February 2025 by a full bench of their Honours, Aldridge, Gill & Strum JJ, and dismissed. At that point the issue of costs had not been determined with the parties to file written submissions in that regard.

| Read More

Sheridan & Delany – No Case, No Evidence, No Appeal Grounds

03/05/2025

This was an appeal before Schonell J from a decision of the Magistrates Court of Western Australia (Magistrates Court), with Judgment delivered on 7 March 2025. It was somewhat strange because the proceedings in the lower court had been undefended meaning that the appellant husband didn’t involve himself in those proceedings other than to constantly challenge the jurisdiction of the Court

| Read More

Demir & Ozden – No Contact Orders Made After 11 Years of Silence

10/04/2025

This matter involved a female child, X, who was 13 years of age at the time of the hearing in November 2024. X lived in Melbourne with her father and stepmother whilst the mother lived in Queensland. At trial the mother was self-represented and initially sought primary residence but amended that to a shared care arrangement, notwithstanding the residences of the parents.

| Read More

Yuan & Song – No Confidence in Either Parent but Status Quo Holds

06/04/2025

This was the final hearing of a matter with a long history before the Court and, as such, was Judgment number six. It involved a female child, X, who was 14 years old at the time of the hearing in November 2024 and living in Queensland with her father. The Orders provided for X to live with the father and spend very, very limited time with the mother who resided in Melbourne.

| Read More

Bentley & Deleo – When Mum Can’t Support a Relationship with Dad

03/04/2025

If you have followed the social science research publications and related case law over the years you will be familiar with the concept of young children, especially those not yet of school age, not spending a lot of overnight time away from their primary carer – usually their mother. This can be even more so the case when the parents had never lived together or separated when the child was very young. The result of this can be a long road to establishing a bond between the child and the other parent who has not been the primary carer, but what happens when even over time the primary carer cannot facilitate a meaningful relationship with the other parent.

| Read More

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