Judge Geoffrey Monahan
The latest Part of the Family Law Review includes the following material: “Vexatious litigation in family law and coercive control: Ways to improve legal remedies and better protect the victims” – Emma Fitch and Patricia Easteal; “The missing heart of parenting disputes in the Australian family law system: A case for a child-inclusive approach to judicial decision-making” – Stephanie Young; “Thinking outside the Family Law Act: Concepts of fairness in England and Australia compared” – Alison Burt; Child and Parenting: “Re Kelvin: The chance for a new legal approach to hormone treatment for gender dysphoria in young people” – Felicity Bell; Child Support: “Pre-emptive declaratory orders and the enforcement of child support” – Simon Bacon; Property and Financial Arrangements: “Section 90AK of the Family Law Act: Acquisition of property on just terms” – Anna Parker and Shai Sommer; and Recent Cases: Grella v Jamieson, Britt v Britt, Maine v Maine, and Welch v Abney.
The latest Part of the Family Law Review includes the following material: “The prevalence of allegations of family violence in proceedings before the Federal Circuit Court of Australia” – Judge Joe Harman; “Another tool in their arsenal? The potential of domestic violence typologies to inform family law alternative dispute resolution processes” – Hayley Boxall and Dr Jason Payne; “The reach and efficacy of s 121 of the Family Law Act” – Sharon Rodrick and Adiva Sifris; Child Support: “Child support and the autochthonous expedient” – Simon Bacon; Property and Financial Arrangements: “Justice, equity and alteration of individual property interests” – Will Stidston and Anna Parker; Practice and Procedure: “The teetering capacity of family law litigants: The risks to mentally ill litigants when the court is unaware they lack capacity” – Bridget Cullen; In the High Court: “Parenting orders, children’s views, order in favour of ‘strangers’: Bondelmonte – Dean Foley; and Recent Cases: Lane v Nichols, Masters v Cheyne, Fewster v Drake, and Russo v Wylie.
The latest Part of the Family Law Review includes the following material: “Understanding discretionary trust structures in family law” – Grant T Riethmuller; “Hague Convention on the Civil Aspects of International Child Abduction: The consideration of habitual residence in Australian courts” – Patricia Easteal AM, Joshua Favaloro and Fanny Thornton; “What happened in the Baby Gammy surrogacy case?” – Michael Nicholls QC; Children and Parenting: “State child welfare departments and federal family law matters” – Felicity Bell; Property and Financial Arrangements: “The treatment of uncertain liabilities in applications under s 79 of the Family Law Act” – Anna Parker; Family Dispute Resolution: “Pro bono mediation and the Federal Circuit Court of Australia in Brisbane: Lessons learned” – Donna Cooper; and Recent Cases: Salah v Salah; Oswald v Karrington; and Lindsey v Christie.
The latest Part of the Family Law Review includes the following material: an Editorial piece on the retirement of Dr Anthony Dickey QC as co-General Editor of the Journal; “Propagating principles for property matters in an arid landscape: A mirage or oasis?” – Brendan Ashdown; “Financial (dis)agreements: A critical appraisal of the Family Law Amendment (Financial Agreements and Other Measures) Bill 2015” – Genevieve Smit; Children and Parenting: “Expert reports” – Felicity Bell; Child Support: “The fog of overseas child support” – Simon Bacon; and Recent Cases: Saintclaire v Saintclaire; Commonwealth Central Authority v Cavanaugh; Child Support Registrar v Higgins; Child Support Registrar v Scullin (SSAT Appeal); and Slocomb v Hedgewood.
The latest Part of the Family Law Review includes the following material: “Comment on the 2015 report of the Parliamentary Inquiry into the Child Support Program” – Maria Vnuk, Bruce Smyth and Tempe Archer; “Reconceptualising the treatment of “notional” assets in property settlement proceedings” – Richard Ingleby; Professional Insights: “The Notice of Risk: Why it is important and how to complete it” – Joe Harman; Children and Parenting: “Who is a parent and why does it matter?” – Felicity Bell; Child Support: “Informality in child support litigation” – Simon Bacon; Family Dispute Resolution: “Facilitative mediation in the family law arena: A good idea or an unreachable goal?” – Tamsyn Hinksman and Anne-Marie Rice; and Recent Cases: Donald v Forsyth; Elgin v Elgin; Jackson v Macek; and Janssen v Janssen.
The latest Part of the Family Law Review includes the following material: “Judicial expression of a preliminary view” – Felicity Bell; “Social media evidence in family law: What can be used and its probative value” – Victoria Blakeley, Patricia Easteal, Emma Fitch and Jessica Kennedy; Professional Insights: “Public law issues in a private law system: Child protection and family law” – Robert Benjamin; Property and Financial Arrangements: “Not so special: Fields v Smith and the assessment of contributions in family law property matters” – Anna Parker; Child Support: “The vexed question of s 116(1)(b) of the Child Support (Assessment) Act” – Simon Bacon; and Recent Cases: Fields v Smith; Jurchenko v Foster; Carriel v Lendrum; Winch v Jackson; and Bilal v Omar.
The latest Part of the Family Law Review includes the following articles: “Appropriate dispute resolution in cases of family violence and the collaborative practice model” – Katrina Markwick; and “Collaborative practice in family law matters with coercive control-type family violence: Preliminary thoughts from the practitioner coalface” – Patricia Easteal, Jessica Herbert and Jessica Kennedy. There is also a Professional Insights sections: “Family dispute resolution: 12 steps for practitioners to minimise the risk of complaints” – Mieke Brandon; and a Recent Cases section including notes on the following cases: Everett v Everett; Thomas v Franklin; Adamson v Adamson; and Delamarre v Asprey.
The latest Part of the Family Law Review includes the following articles: “Inconsistencies in and the inadequacies of the family counselling and FDR confidentiality and admissibility provisions: The need for reform” – Donna Cooper; and “Let me be me: Parental responsibility, Gillick competence, and transgender minors’ access to hormone treatments” – Katherine France; the following Professional Insights note: “When can a party to contested proceedings have leave to adduce evidence from an adversarial expert when a single expert has already been appointed?” – Richard Ingleby and Anne-Marie Rice; and notes on the following cases: Vadisanis v Vadisanis; Zanda v Zanda; and Cape v Cape.
The latest Part of the Family Law Review includes the following material: “Can Part VII of the Family Law Act do what is asked of it?” – Helen Rhoades, John Dewar and Nareeda Lewers; “A national approach to manage vexatious litigation: New powers under the Family Law Act” – Robert Benjamin; and “Do members of a class of beneficiaries of a discretionary trust have a “right” to documents which can be enforced in the Family Court?” – Richard Ingleby. There is also an International Family Law section and a Recent Cases section with notes on the following cases: SCVG v KLD (Shared parental responsibility – Equal or substantial and significant time); Gludau v Gludau; Gludau v Gludau (No 2) (Property – Wrong assessment of contributions – Restitution); Langer v Griffin (Property – Contravention order – Prison sentence).
The latest Part of the Family Law Review includes the following articles: “Applying the s 75(2) factors to the division of family property: A principled approach” – Patrick Parkinson; and “Legal capacity and case guardians – Part 2: The institution of proceedings and appointment of case guardians” – Brendan Ashdown. Also in this Part are the following sections: Family Dispute Resolution: Face-to-face, telephone and online mediation: Advantages and disadvantages; International Family Law: Recognition of foreign marriages and divorces; Recent Cases: Commissioner of Taxation v Darling (Access to and use of documents on court file) and Bondelmonte v Bondelmonte (S 75(2) factors – Lack of reasons – Substantial injustice).