News
In a landmark case regarding parenting rights, the judgment in Masson v. Parsons & Ors (S6/2019) was handed down on 19 June 2019 ruling in favour of the biological father who had donated his sperm.
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A family law case has been sharply criticised by Family Court appeal judges after a Brisbane judge sentenced a father of two to jail for contempt of court.
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The High Court of Australia will hear the matter of Parsons and Anor & Masson mid-2019. Interest in the case has focused on whether a biological father (sometimes referred to as a ‘sperm donor’) is a “legal parent”.
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In the 13 December 2018 decision in Commissioner of Taxation v Tomaras [2018] HCA 62 the High Court of Australia held that the Family Court has the power to order the Commissioner for Taxation to substitute one party to a marriage for the other in relation to a debt owed to Commonwealth for income tax.
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1. WHAT DOES IT MEAN? Soon de facto couples, like married couples will be able to split their superannuation after separation. 2. DOES THIS MEAN DE FACTO COUPLES MUST SPLIT THEIR SUPER 50/50? No. it simply means that if one party may use part or all of their super to pay the other party out…
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On 24 August 2018 the Government of Western Australia introduced the Human Reproductive Technology and Surrogacy Legislation Amendment Bill 2018.
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Our principal Marty Kavanagh was delighted to work with his colleagues pro bono to assist in a submission on behalf of Gaydads WA to the WA Government’s 2018 review of surrogacy laws.
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In the period from February 2017 to February 2018, a total of 28 relocation cases were heard, with 21 cases being determined after final hearings and 7 at interim hearing stage. Of the final hearings, 1 was subject to an appeal, which was ultimately dismissed.
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The significance of Thorne v Kennedy Thorne and Kennedy, in our opinion does not mark the end of BFAs as some commentators have argued. Neither does the case introduce a “justice and equity” or fairness test to BFAs. However, the case does: Sound yet another warning there are major risks of a BFA being set…
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The West Australian reports some good news for same sex couples. Let’s hope the review also addresses issues around recognition of parenting rights for same sex fathers and mothers.
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