Areas of Practice
- Family Law
- De Facto
- Equity
- Family Provision
- Commercial
Cases of Note
Cull & Lenz [2020] FamCA 50
Where the third party Trustee seek the wife’s case be summarily dismissed – Where the wife’s application seeks orders against the Trust and the Trustees in proceedings between the husband and the wife –wife asserts the husband exercised de facto control of the Trust –Where the Trust was not “made in relation to” the marriage – Where the wife asserts the husband has a claim in restitution against the Trust –Where the wife claims the Trustee has been unjustly enriched by unpaid efforts of the husband and wife –Orders for Summary Dismissal.
Bagshaw & See [2019] FamCA 482 (23 July 2019)
The father seeks orders that the child live with the mother and spend substantial and significant time with him – Where the Court finds that the mother has not encouraged the child’s relationship with the father – Where the Court finds that it is in the child’s best interests for him to have a meaningful relationship with the father – Orders made for the child to live with the mother and spend substantial and significant time with the father.
Where the husband has made notable initial contributions to the property pool – Where the husband’s parents advanced almost $900,000 to the parties, which allowed them to purchase the former matrimonial home – Where that property increased – Court finds that monetary advance by the husband’s parents to be a significant contribution on the part of the husband – Orders made for a 70 per cent adjustment in favour of the husband.
Grainger & Grainger [2019] FamCAFC 145 – where the father appealed orders of the trial judge which provided no face-to-face contact with the child on the grounds of procedural fairness and alleged errors of law – father alleged orders were based on inconsistent findings and not supported by evidence – the Full Court accepts the trial judge’s findings closely resembled the expert’s evidence and were open – Appeal dismissed – the trial judge invoked the slip rule to make clear that an order made by a judge in 2017 did not operate to suspend the property settlement order made in 2015 – Where the father’s appeal is limited to his complaint that the trial judge corrected an order made by another judge – Appeal dismissed.
Cloakes & Heinz & Anor [2019] FCCA 11 – risk of harm considerations arising out of violence and drug use – whether child should live with mother in Brisbane – Orders made in best interests of child.
Grainger & Grainger [2019] FamCA 56 – second trial – Where final parenting orders were made in 2015 for the child to live with the mother and spend supervised time with the father with provision for the father to apply to vary the time with orders.
Readdie & Kermode [2019] FCCA 6 – where the father alleges the mother’s new partner poses an unacceptable risk of harm – father seeks an injunction that the children are not left unsupervised in the care of the mother’s new partner – injunction not granted.
Harradine & Hermesly-Lane [2018] FamCA 260 – application under s79A of the Family Law Act 1975 – whether miscarriage of justice – whether “any other circumstance” – whether implied consent to a variation of orders made 12 years ago – whether orders should be set aside – application dismissed with the applicant to pay the respondent’s costs.
Galloway & Osborne [2018] FamCA 223 – discharge of the Independent Children’s Lawyer.
Sielaff & Staatz [2018] FamCAFC 213 – where the parties agree that the appeal be allowed, that the orders appealed be set aside, that the matter be remitted for rehearing and costs certificates issue pursuant to ss 9, 6 and 8 of the Federal Proceedings (Costs) Act 1981 (Cth).
Monroe & Applegate [2018] FamCA 227 – where the biological mother and step-father seek leave to commence adoption proceedings in the Supreme Court of their state – leave is granted.
Finau & Finau [2018] FamCA 49 – where the wife seeks that the parties’ investment property be sold and a portion of the proceeds of sale be paid to her in litigation funding.
Sartin & Sartin & Anor (No 3) [2017] FCCA 2588 – application under the “slip rule” (namely r.16.05(2)(e) of the Federal Circuit Court Rules 2001 (Cth)) for the amendment of final property orders application granted – where applicant succeeded with an order for costs.
Sharma & Sharma [2017] FCCA 2334 – father’s proposal to spend unsupervised time with child – mother’s proposal to discharge prior consent interim parenting order that child spend supervised time at the father’s home with the father and paternal grandparents to attend.
Ploughman & Ploughman [2017] FamCA 612 – where the Court must balance the importance of the children having a meaningful relationship with their mother with the risk posed by the mother’s potential relapse into alcohol abuse – where an application for an adjustment of property interests is made – Orders made for the sale of the former matrimonial home and for each party to retain 50 per cent of the interests held by their self-managed superannuation fund.
Junge & Padovan [2017] FCCA 1350 – father posed an unacceptable risk of abuse – no contact.
Smith & Smith [2016] NSWSC 1287 – whether a caveat should be extended pursuant to s 74K of the Real Property Act 1900 (NSW) – transfer of proceedings to Family Court of Australia.
Persall & Lenahan [2016] FamCA 413 – parental responsibility – father’s perpetration of family violence against the mother – father’s drug use – sole parental responsibility to be held by the mother.
Chen v State of New South Wales [2016] NSWCA 177 – appeal to the NSW Court of Appeal – separate plaintiffs in single proceeding seeking to appeal – appeal to be heard concurrently with application for leave to appeal.
Fan & Goh [2016] FCCA 1880 – where the wife is found to be in Contempt of the Court on two counts.
Proctor & Proctor [2016] FamCAFC 129 – application for an extension of time in which to file a Notice of Appeal – Application for expedition – where the orders being appealed resulted in significant changes to the child’s living arrangements.
Sauveterre & Warwick [2015] FamCA 1076 – where the wife seeks an order for interim spousal maintenance – extent to which the wife is unable to support herself.
Huntley & Freeman [2015] FCCA 1030 – de facto property settlement – de facto husband’s receipt of significant cash gifts and inheritances post separation – justice and equity.
Trevor & Trevor [2014] FamCA 1140 – where the mother seeks the father spend supervised time only with the children – where the father has mental health issues.
Needham & Jamieson & Anor [2015] FCCA 2298 – parenting orders where there are allegations of family violence and alienation.
Chen v Cui [2015] NSWSC 1480 – appeal to Supreme Court of NSW – whether Magistrate erred by failing to consider alternative claims to set off debt which were not disclosed in submissions – whether a separate agreement allowed for debts to be set off – whether money paid was at the request of respondent.
Burton & Hope [2015] FCCA 1994 – application to vary final parenting orders – “Rice v Asplund” principle considered.
Ganem & Ganem [2014] FamCA 1177 – where the mother seeks sole parental responsibility – where there are allegations of sexual abuse against the child perpetrated by the mother’s new partner – where there are allegations of family violence perpetrated by the father – final alteration of property interests – where there is evidence of non-disclosure on behalf of the husband.
Fleck & Fleck [2014] FCCA 2595 – property dispute where the Husband is the primary breadwinner and the Wife is the primary carer of the children.
Barone & Barone [2013] FamCA 227 – where the father filed an Application in a Case to vary the children’s school.
Barone & Barone [2012] FamCAFC 108 – failure to consider equal shared time and/or substantial and significant time pursuant to s 65DAA of the Family Law Act 1975 fatal to parenting orders made by Federal Magistrate.
Barone & Barone (Costs) [2012] FamCAFC 144 – whether the appellant father should be ordered to pay the respondent mother’s costs of two previous appeals instituted on his behalf and subsequently withdrawn.
Barone & Barone [2011] FamCAFC 249 – application to expedite the hearing of an appeal.
Chang & Malleson [2012] FamCA 622 – where a party is in breach of financial Orders – whether the party in breach should be heard on an application for further Orders.
Quick v Alpine Nurseries Sales Pty Ltd [2010] NSWSC 1248 – whether substantial and unreasonable interference by the defendants with the rights of or in connection with the plaintiffs’ use of their land as a result of development and use of defendants’ land as commercial nursery.
Shand & Connor [2010] FamCA 59 – orders for the parents to have equal shared parental responsibility for the child.
Turner & Marijke [2009] FamCA 1342 – International Relocation – consideration of substantial and significant time.
Military Road Island Pty Ltd v Priority Plus Capital Pty Ltd [2008] NSWDC 268 – Contracts – total failure of consideration.
Chao v Chao [2008] NSWSC 584 – admissibility of evidence – where evidence being adduced is a transcript of a recorded telephone conversation.
Chao v Chao (No 2) [2008] NSWSC 612 – application to reopen case after judgment reserved – whether evidence sought to be adduced relevant only to a collateral issue.
Chao v Chao (No 3) [2008] NSWSC 1166 – whether there was a common intention that the house was to be purchased on trust for the plaintiff – whether presumption of resulting trust resulted.
Chao v Chao (No 4) [2008] NSWSC 1413 – interlocutory proceedings – costs generally and in respect of defendant’s application to reopen main proceeding.
Grenenger v Action Car Centre Pty Ltd (Motor Vehicles) [2007] NSWCTTT 648 – Consumer, Trader & Tenancy Tribunal – Motor Vehicles Division.
Mangrove Mountain Quarries Pty Limited v Barlow & Anor [2007] NSWCA 132 – Appeal – Interlocutory relief – Appropriate conditions.
Boniadian v Boniadian [2004] NSWSC 499 – applications by a daughter and a widow under Family Provision Act 1982 – widow successful in family provision claim – daughter’s blackmail of her mother was conduct disentitling in respect of the deceased.
Whisprun Pty Ltd v Dixon (No 2) [2004] HCA 2; (2004) 204 ALR 22; (2004) 78 ALJR 321 (5 February 2004) – Appeal to the High Court of Australia – Notice of Contention – Notice of Motion – Amendment to orders of the High Court of Australia – respondent was successful in seeking a variation of the High Court’s orders with a remitter of the case to the New South Wales Court of Appeal for further hearing plus costs.
Whisprun Pty Ltd v Dixon [2003] HCA 48; (2003) ALR 447; (2003) 77 ALJR 1598 – Appeal to the High Court of Australia – Issue not raised at trial – case on which applicant succeeded on appeal was not argued by applicant at trial or on appeal – whether applicant should succeed on the basis of a new case on appeal.
Brisons Holdings Pty Ltd v Ironwill [1999] NSWSC 91 – Supreme Court of NSW proceedings – rescission by Plaintiff for misrepresentation consisting of error in annexed s.149 (5) Certificate about availability of Development Consent.
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Date of Admission as a Barrister: 28 April 2014
Date of Admission as a Solicitor: 25 September 1992
Practice as a Solicitor:
2007 – 2014: Brischetto & Ford Solicitors, North Turramurra, Partner
2001 – 2007: Reimer Winter Williamson, Penrith and Walker Kissane & Plummer, Burwood
1992 – 2001: Baldwin Oates & Tidbury, Gordon, Partner
