New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Family law


  1. 19/12/2014
    Family law: child welfare under state legislation; contact orders; whether the primary judge erred in making non-binding "notations" providing for contact rather than contact orders; whether the primary judge provided sufficient reasons for his decision; Children and Young (Care and Protection) Act 1998 (NSW) s 86; summons dismissed
    JS v Secretary, Department of Family and Community Services  [2014] NSWCA 441
  2. 01/12/2014
    Family law: property settlement in relation to a de facto relationship; Family Court Act 1997 (WA) s 205ZG and s 205ZD(3); applicant contributed 80% to the financing of de facto home and helped with the children; 'global approach' as set out in In the Marriage of Hickey [2003] FamCA 395; whether primary court had error in fact and law when taking into consideration the applicant’s future earning capacity; whether primary judge erred in law where witness unable to be cross-examined at trial; whether denial of natural justice; whether the magistrate made errors of fact when finding financial and non-­financial contributions of parties; whether legal, factual or discretionary error; Williams v Minister Aboriginal Land Rights Act 1983 and The State of New South Wales [2000] NSWCA 255 referred to; no error shown; appeal dismissed
    S v D  [2014] WASCA 224
  3. 04/09/2014
    Family law: Family Court Act 1997 (WA) s 205ZG; de facto relationship breakdown; application for property settlement; whether magistrate erred in failing to take global approach in assessing contributions of parties to property of relationship; whether erred in fact in assessing contributions of respective parties to specific property; 'just and equitable' requirement in s 205ZG(3); Bilous v Mudaliar [2006] NSWCA 38 applied; Kardos v Sarbutt [2006] NSWCA 11 applied; Williams v The Minister, Aboriginal Land Rights Act 1983 [2000] NSWCA 255 applied; appeal dismissed
    KD v GB  [2014] WASCA 165
  4. 07/03/2014
    Family law: child welfare under State legislation; children in need of protection; guardianship of children; whether care order should have been made
    RC v Director-General Department of Family and Community Services  [2014] NSWCA 38
  5. 23/12/2013
    Family law: child welfare under State legislation; proceedings relating to care and protection; application for allocation of parental responsibility determined by Children’s Court; appeal to District Court; appeal dismissed and order of Children’s Court allocating parental responsibility to the Minister confirmed; application by father for judicial review of decision of District Court on appeal
    "V V" v District Court of New South Wales  [2013] NSWCA 469
  6. 09/08/2013
    Family law: children; children taken into care; mother sought judicial review of decision of the District Court, which in substance affirmed the decision of the Children’s Court; whether District Court decision disclosed error of law; whether Director-General made the relevant Care Plans as far as possible with the agreement of the mother as required by s 78(3) of the Children and Young Persons (Care and Protection) Act 1998 (NSW)
    Re M (No 5) — BM v Director-General, Department of Family and Community Services & Ors  [2013] NSWCA 253
  7. 05/08/2013
    Family law: de facto relationships; adjustment of property interests; whether adjustment was just and equitable under s 20 of the Property (Relationships) Act 1984 (NSW); proper approach to determining claims; appellant owned property in Sweden; jointly owned property in NSW; whether respondent should be credited for first home owners’ grant and stamp duty exemption; appropriate credit for contribution to increase in value of properties; indirect contributions to properties in Sweden and NSW; adjustment for occupation fee
    Jensen v Pearce  [2013] NSWCA 247
  8. 14/06/2013
    Family law: domestic relationship; property; adjustment of interests; Property (Relationships) Act 1984 (NSW)
    Cooper v Mulcahy; Mulcahy v Cooper  [2013] NSWCA 160
  9. 14/03/2012United Kingdom
    Family law: Appeal against order made pursuant to article 12 of the Convention on the Civil Aspects of International Child Abduction and section 1(2) of the Child Abduction and Custody Act 1985 for mother to immediately return child W, to Australia. Mother removed W from Australia without consent of father or permission of an Australian court. Where disputed allegations of domestic abuse are made; the Court of Appeal erred in specifying the crucial question as being whether the mother's anxieties were realistically and reasonably held; Court affirmed Re E (Children) (Abduction: Custody Appeal) [2011] UKSC 27: a defence under article 13(b) can be founded upon the anxieties of a parent about a return with child to the state of habitual residence, which were not based upon objective risk to her, but were nevertheless of such intensity as to be likely to destabilise the parenting of that child to the point at which the child's situation would become intolerable.
    In the Matter of S (a Child)  [2012] UKSC 10
  10. 07/10/2011
    Family law: Child welfare; judicial review; Care and Protection of Children Act; whether the Chief Executive Officer of the Department of Health and Families has power to place children in his care with interstate carers; consideration of the best interests of the children
    Melville v CEO Dept Health & Families  [2011] NTCA 8